Unmanned Aircraft System Policy. Policy Guidance Document

Transcription

1 University of California Unmanned Aircraft System Policy Policy Guidance Document Dr. Brandon Stark UC Center of Excellence on UAS Safety Abstract The UC Center of Excellence on Unmanned Aircraft System (UAS) Safety provides the following non-binding guidance to assist in the implementation of the Presidential Unmanned Aircraft System Policy (Policy), including the management of UAS activity at University Locations and the development of location-specific policies or procedures regarding the use of UAS at University Locations. The guidance is intended to 1) elaborate on the current regulatory environment and compliance requirements, 2) describe suitable means of compliance with the Policy and 3) provide example language that may be used in location-specific policy or procedure or in communication. To the extent of any inconsistencies between the minimum requirements set in Policy or this guidance document and any applicable regulation, the regulatory requirements govern. This document is expected to continue to be revised and updated regularly as a result of regulatory changes, improvements to safety best practices and user feedback. Address comments to UASSafety@ucmerced.edu Version 1.1 Published: July 10, 2018

2 Contents 1 The Presidential UAS Policy Role of the Presidential UAS Policy Role of the Systemwide Designated Authority Role of the UAS Advisory Board UAS Activity not included in the Scope of the Systemwide Policy Relation of UC Systemwide UAS Policy with Existing UCOP Policies Campus or Medical Center Authority Location-Specific Policy Designated Local Authority Congruence with Existing Campus Policies Background on UAS Regulations Federal Aviation Administration Regulations United States Code State and Local Regulations International UAS regulations Jurisdiction of the University of California Registration of UAS Registration of UC-owned UAS Registration of Model Aircraft Record Keeping Policy Requirements Review of UAS Activity General Procedures Submission of UAS Request Form Reviewer of UAS Activity Criteria Used to Evaluate UAS Activity Other Factors that may be reviewed Relationship of a UC Review Process with Applicable Regulations Terms of Approval UAS Activity Reporting UAS Reporting Compliance Obligations UAS Safety Metric Tracking Collection of UAS Activity Reports UC Minimum Reporting Guidance rd Party Reporting Alternative Means of Compliance UAS Accident Reporting Common Accidents, Incidents or Malfunctions Exemptions Accident Investigation UAS Insurance Coverage for UC-owned Unmanned Aircraft Coverage for Personally Owned Unmanned Aircraft Used for University Business Coverage for Campus Police Recommended Minimums for 3 rd Party CONTENTS Page 1 of 89

3 9 UAS Safety Guidelines UAS Safety Safety Guidelines Aerial Threats to UAS Activity UAS and Fire Safety Community Input to Safety Special Consideration Use Cases Recreational Model Aircraft Educational Use Indoor Use Non-University Business Use Emergency or First Responder Use of UAS International Students, Visiting Scholars and Undocumented Students Night Time Operations Services Available UC Drones Web Application Filing of FAA Authorizations UAS Training and Certification Campus Drone Groups UAS Campus Policy or Procedure Group UAS Campus Safety Group UAS Campus Service or Advocacy Group Enforcement or Restrictions for UAS Enforcement and Safety Appropriate Reasons to Restrict UAS usage Unauthorized use of UAS on a University Location Common Arguments and Potential Counters Core Competencies for UAS Activity Overview of Core Competencies Terms and Definitions General User Power User UAS Flight Instructor UAS Activity Reviewer Related Information FAA Resources UC Center of Excellence on UAS Safety Regulations FAA Advisory Circulars, Joint Orders Summary of Specific Regulations CFR SMALL UNMANNED AIRCRAFT SYSTEMS Model Aircraft Frequently Asked Questions Example Request for Information Risk and Hazard Analysis Risk Scoring for UC UAS activity FAA Risk Hazard Chart Example Denial Template CONTENTS Page 2 of 89

4 21 Example Terms of Approval Best Practices for UAS Privacy UAS Policy Full Text Policy Statement Compliance/Responsibilities Required Procedures Glossary Acronyms CONTENTS Page 3 of 89

5 Version History Date Revision Description 2018/01/26 1 New Document 2018/07/01 2 Fixed typographical errors, updated Frequently Asked Questions, added sections and subsections on Current Points of Contact, Campus UAS Groups, International Students, FAA Risk Matrix, Night Operations, and introduced new typographical errors. CONTENTS Page 4 of 89

6 1 The Presidential UAS Policy The purpose of the Policy on UAS is to establish minimum standards for the safe use and operation of UAS and Small Unmanned Aircraft System (suas), including Drones and Model Aircraft, on any University Location or for any University Business. The Policy requires that all UAS operations are performed in a manner that mitigates risk to safety, security and privacy, and ensures compliance with any applicable regulation. A copy of the text of the Policy can be found in Section 23. The scope of the policy includes The operation of any Unmanned Aircraft (UA) owned by the University of California (UC). The operation of any UA at or within the property owned or managed by the UC. The operation of any UA used for University Business. The Policy is summarized as below Establishes a Systemwide Designated UAS Authority. Establishes the development of a UAS Advisory Board. Establishes that Executive Officer may appoint a Designated Local Authority. Establishes that Executive Officer may authorize the development and implementation of locationspecific policies or procedures at any University Location within the Executive Officer s jurisdiction. Anyone who seeks to operate a UAS must: Comply with any applicable regulation Have prior approval from a Designated Local Authority or Systemwide Designated UAS Authority Operate in a manner that ensures public safety, right to privacy, civil rights and civil liberties. Maintain sufficient liability insurance coverage. All UAS activity under this Policy must be documented and reported. All UC-owned UAS must be properly registered to the UC and submitted to the Designated Local Authority or Systemwide Designated UAS Authority. Registration documents for UAS used for University Business must be submitted to the Designated Local Authority or Systemwide Designated UAS Authority. All UAS activity must have aviation liability coverage. All UAS activity in foreign nations or by foreign nationals must follow export control regulations and the UC Export Control Policy. 1.1 Role of the Presidential UAS Policy The use of UAS is very nuanced across the wide diversity of use and few static generalizations regarding standards are appropriate. The Policy is intended to be flexible and adaptive to a wide range of needs. 1. THE PRESIDENTIAL UAS POLICY Page 5 of 89

7 It is not intended for direct implementation for end-users, rather it is intended for University Locations to aid in the oversight and management of UAS by setting uniform minimum compliance standards and in the establishment of a Systemwide Designated UAS Authority to provide services at the end-user level, department level, campus level and system level. The value of the Policy is in the structure of the management of UAS activity. By establishing a common process and listing out roles and responsibilities, the Policy provides the UC system with: Access to UAS subject matter experts. Clarity on UAS related regulations. Ability to share best practices across campuses. Transparency and accountability on UAS activity. Transparency and accountability on UAS activity request reviews. 1.2 Role of the Systemwide Designated Authority The role of the Systemwide Designated UAS Authority is defined as Provides interpretation of UAS regulations. Develops internal University policies on certification and flight safety training. Reviewing and approving applications for operation of UAS on University Locations and at University Businesss. Maintains a record of all UAS activity within the scope of the Policy. Ensures Policy compliance with applicable laws and regulations. Tracks and manages the University response to pending and upcoming UAS legislation, regulations, policies and guidances. 1.3 Role of the UAS Advisory Board The UAS Advisory Board is responsible for: Reviewing exemptions from the Policy. Assisting in the development of systemwide UAS policies. Reviewing and commenting on proposed policies and long-term goals. Evaluating the effectiveness of systemwide UAS policies and safety metrics. Ensuring that systemwide UAS policies remain consistent with applicable privacy best practices (See Section 22). Upon the finalization of Policy, the UAS Advisory Board will be filled. Active areas of discussion for the UAS Advisory Board are anticipated to include: Guidance and standards on location-specific policy or procedure. 1. THE PRESIDENTIAL UAS POLICY Page 6 of 89

8 Recreational Model Aircraft use. Proposed UAS regulations on UAS activity above non-participating persons. Proposed UAS regulations related to UAS delivery services. 1.4 UAS Activity not included in the Scope of the Systemwide Policy UAS activity not covered within the scope of the Policy: Personally-owned UA not used at a University Location Personally-owned UA used as Model Aircraft for education (See Section 10.2) and not used at a University Location Student club-owned UA not used at a University Location The use of UAS by Emergency First Responders may additionally be exempt as necessary. However, any use of UAS by Emergency First Responders must follow their internal department protocols. 1.5 Relation of UC Systemwide UAS Policy with Existing UCOP Policies All efforts have been made to ensure that the Policy is congruent with existing University of California, Office of the President (UCOP) policies. Examples of congruence with existing UCOP policies APM addresses the Faculty Code of Contact and the administration of discipline in regards to policy non-compliance. APM addresses Non-Senate Academic Appointees Grievances and Corrective Actions in regards to policy non-compliance. BFB-BUS-19: Registration and Licensing of University-Owned Vehicles addresses registration and requires that all motor vehicles, aircraft and watercraft shall be registered on behalf of the University by the designated University location representative and the designated University location representative ensures governmental compliance. BFB-BUS-29:Management and Control of University Equipment establishes the requirements of management and control of UC equipment. BFB-BUS-81: Insurance Programs establishes that the University purchases aviation insurance to provide coverage for liabilities arising from the University s aviation operations that result in bodily injury and/or property damage. PACAOS-14: Definitions establishes common definitions used in PACAOS policies, including definitions of Campus, Property and University. PACAOS-30: Policy on Speech and Advocacy establishes that the University is committed to assuring that all persons may exercise their constitutional rights. PACAOS-40: Policy on Use of University Properties establishes the policy on the use of University properties that provides the basis for oversight 1. THE PRESIDENTIAL UAS POLICY Page 7 of 89

9 PACAOS establishes that university property must be used only in accordance with federal, state and local laws. PACAOS establishes that all persons may exercise constitutionally protected rights of free expression, speech, assembly and worship. PACAOS allows campuses to adopt restrictions on the use of University Property for commercial purposes and personal financial gain PACAOS addresses policy non-compliance for students and visitors to University Locations. PPSM addresses policy non-compliance for employees and staff members of the UC. Management of Health, Safety and the Environment states that all University Activities are to be conducted in a manner than ensures the protection of students, faculty, staff, visitors, the public, property and the environment. Policy on Reporting and Investigating Allegations of Suspected Improper Governmental Activities addresses the responsibility of the UC to detect, prevent or deter improper activities. Export Control Policy addresses requirements for export controlled equipment (including UAS) and their use internationally and by foreign nationals. 1. THE PRESIDENTIAL UAS POLICY Page 8 of 89

10 2 Campus or Medical Center Authority Campus and Medical Center Executive Officers (or their designees) may elect to appoint a Designated Local Authority and authorizing the development and implementation of University Location specific UAS policies and procedures. As many University Location have experienced, UAS activity is diverse. UAs have been documented within the UC system: Engineering coursework Indoors and Outdoors On-campus UAS research flights Fieldwork at UC Natural Reserve Sites Fieldwork on private property At UC Division of Agriculture and Natural Resources (UC ANR) Research and Education Centers Drone Clubs and student recreation Campus Media and Strategic Communications Facility Management and Construction Monitoring 3 rd Party Contractors 3 rd Party Film Crews Even within similar purposes and locations, different risk factors may lead to drastically different risk scoring. It is strongly recommended that University Locations develop location-specific policies or procedures that can scale appropriately. 2.1 Location-Specific Policy Each Campus and Medical Center is encouraged to develop a location-specific policy to address local issues. A location-specific policy or procedure may include but is not limited to addressing the following questions: Who approves flights for the location? Will departments or subgroups have the autonomy to approve flights with consultation from the Designated Local Authority? Who should be notified regarding on-campus UAS activity? What are the terms of approval? Who has priority to operate a UAS? Specific areas where UAS activity is prohibited Availability of areas where UAS activity may be operated recreationally 2. CAMPUS OR MEDICAL CENTER AUTHORITY Page 9 of 89

11 How long an approval may be valid? Enforcement of UAS policies Creation of a UAS committee or working group to advice local policies Procedures regarding the purchase of a UAS Standards regarding privacy A Campus or Medical Center may elect to not develop a location-specific policy, in which the Systemwide Designated UAS Authority may review and approve UAS activity on a case-by-case basis. 2.2 Designated Local Authority The Designated Local Authority is a local authority that serves as a single point of contact for UAS activity for a University Location. This single point of contact serves as a means to funnel UAS requests across the diversity of uses and departments that may use or employ UAS. The responsibilities of a Designated Local Authority may additionally be delegated and shared across multiple departments as long as there remains a focal point for coordination and records. Example Roles & Responsibilities Is responsible for regulatory compliance and risk management of UAS activity within their authority. Maintains a list of UAS UAS activity. Coordinates UAS activity across multiple departments for appropriate reviews. Ensures UAS liability insurance coverage for all activity. Reviews and interprets applicable regulations and policies at the campus-level. Serve as the liaison between regulatory agencies and the operators. As many Designated Local Authority are housed in Environmental Health & Safety or Risk Management departments, they may also fulfill additional roles expected of those departments. Provide consultation on UAS activity - safe flying locations, hazard analysis, equipment use. Provide flight instruction. Conduct lab or field safety audits. Remedy faults and remediates poor safety training. 2. CAMPUS OR MEDICAL CENTER AUTHORITY Page 10 of 89

12 2.2.1 Current Points of Contact UC Location Website Department UC ANR Informatics & GIS Program UC Berkeley Campus Policy Campus Police and Risk Services UC Davis edu/article/unmanned-aircraftsystems Risk Services UC Irvine Campus Policy EH&S and Risk Services UC Los Angeles Event Services UC Merced UAS Safety Lawrence Berkeley Aviation Policy EH&S National Lab UC Riverside EH&S UC San Diego EH&S risk/uas-drones.html UC San Francisco EH&S UC Santa Barbara riskmanagement/unmanned-aerialsystems-drones Risk Services and Campus Police UC Santa Cruz research-safety/drones.html EH&S 2.3 Congruence with Existing Campus Policies Any UAS activity on a University Location must comply with any existing policy or procedure. As UAS activity is a new and growing trend, it is not uncommon that a proponent is unfamiliar with the breadth of existing policies. Some common policies to review for Delegation of Authority Policy on Use and Scheduling Properties Policy on Filming and Photography Materiel Management and Property Inventory Control Policy on Lab Safety Policy on Field Safety Privacy Policies Use of UC Managed Reserves or Field Stations Campus Recreation and Facilities Police Authority and Jurisdiction An effective location-specific policy or procedure would include to ensure compliance with any applicable existing policy through an agreed upon process with any relevant authorities. 2. CAMPUS OR MEDICAL CENTER AUTHORITY Page 11 of 89

13 3 Background on UAS Regulations There are a range of UAS-related regulations that may be applicable in any given UAS activity. Different regulations may apply based on Purpose of UAS activity Location of UAS activity Ownership of UA A determination of which regulations are applicable is a component of the UAS activity review as described in Section 5. The UC is held liable for all UAS activity by UC-owned UA and UAS activity for University Business. Federal law states that it is illegal to hire an aircraft operator if that operator does not have the correct airman s certificate (49 United States Code (U.S.C.) 46306(b)(8)). Additionally, Federal Case law has held up that the owner of an aircraft may be held liable if an aircraft is knowingly operated illegally (FAA Order No , Docket No. CP93SO0414). 3.1 Federal Aviation Administration Regulations Most Federal Aviation Administration (FAA) regulations that will be relevant are found within Title 14 of the Code of Federal Regulations (CFR), Part SMALL UNMANNED AIRCRAFT SYSTEMS. This set of regulations are specific for suas and introduces a new FAA-issued Remote Pilot Certificate for the operation of suas. A summary and compliance list for 14 CFR 107 can be found in Section Regulations regarding the registration of suas are found within 14 CFR 48. For UA above 55 lbs (total take-off weight) must be registered under the regulations described in 14 CFR 47. Under 14 CFR 48, suas must be registered with individual registration numbers, while Model Aircraft may be registered as a group under the owner of the Model Aircraft. The use of Model Aircraft is regulated under 14 CFR MOORED BALLOONS, KITES, AMATEUR ROCKETS, UNMANNED FREE BALLOONS, AND CERTAIN MODEL AIRCRAFT. The definition of Model Aircraft is defined in Section 336 of Public Law UA and UAS activity that does not meet the definition of Model Aircraft is by default, considered civil UAS activity and is subject to FAA regulations, such as 14 CFR 107 and 14 CFR Gaps in FAA Regulations It is a common misconception that FAA regulations are the only regulations that apply to UAS. However this is not the case. The FAA has wide domain of jurisdiction - it s major roles include: Safety Regulation Airspace and Air Traffic Management Air Navigation Facilities 3. BACKGROUND ON UAS REGULATIONS Page 12 of 89

14 Aircraft certification Airman certification The FAA however has several notable gaps as they may apply to UAS. The FAA does not have jurisdiction for rulemaking on: Issues relating to privacy. Issues relating to insurance requirements. Issues related to negative impacts to wildlife or the environment. Issues related to civil rights and liberties Issues related to trespass and disturbing the peace. Issues related to UAS inside buildings or in foreign airspace. Many of these gaps are noted within the FAA s justification of Part 107 regulations (link). These issues are typically addressed by other federal or state regulations. While some issues are wellknown or logical, others may be misunderstood. Nonetheless, all of these issues are of concern to the UC and as such were included in the Policy. Hyperbolized Scenarios FAA regulations do not prohibit the throwing of turkeys out of aircraft. FAA regulations do not prohibit spying through bathroom windows. FAA regulations do not prohibit conducting aerial surveillance of strikes or protests FAA regulations do not prohibit a UAS from stealing when flown indoors. FAA regulations do not restrict foreign nationals from working with ITAR or other export controlled equipment. 3.2 United States Code Additional regulations may be found in Title 49 of the U.S.C., Title 49 - TRANSPORTATION, Subtitle VII - Aviation Programs. Relevant statutes include legal definitions in 49 U.S.C Additional regulations regarding registration may be found in 49 U.S.C Federal aviation criminal statutes are found in 49 U.S.C Further Examples Operating an aircraft without registration or any necessary airman certification can result in a penalty with a maximum of 3 years in prison and/or $ 250,000 fine - 49 U.S.C (b) and (d) A knowing and willful violation of 49 U.S.C (b)(3) applies to cases such as the unauthorized operationg of a UAS within the Washington, DC, Flight Restriction Zone. The penalty is a maximum of 1 year in prison and/or $100,000 fine - 49 U.S.C The willful interference, with the intent to endanger the safety of any person or with a reckless disregard for the safety of human life, of anyone engaged in the authorized operation of an aircraft 3. BACKGROUND ON UAS REGULATIONS Page 13 of 89

15 or any air navigation facility aiding in the navigation of any such aircraft is a criminal violation that has a maximum penalty of 20 years in prison and/or $250,000 fine - 18 U.S.C. 32. Interference with wildfire suppression, law enforcement or emergency response effort by operation of unmanned aircraft may be penalized with a maximum of a $20,000 fine per violation - 49 U.S.C State and Local Regulations In addition to federal regulations, many states, counties and municipalities are also drafting relevant UAS regulations. While the FAA has jurisdiction over the National Airspace System (NAS), other powers may issue regulations. From the FAA, laws traditionally related to state and local police power - including land use, zoning, privacy, trespass, and law enforcement operations - generally are not subject to Federal Regulations. Example regulations have included zoning restrictions on when and where UAS may take off or land, or extra penalties for the use of UAS in the invasion of privacy. Examples of Local and State Laws Reckless Endangerment Privacy Noise Interference with Law Enforcement Assault, Battery Trespass State Aviation/motor vehicle laws 3.4 International UAS regulations Outside of the US, many countries have also adopted UAS regulations with varying levels of restrictions. Currently, there is no reciprocity between the US and any other country s UAS regulations. There is no blanket allowance of a US certification in another country and the FAA does not recognize any other country s UAS license. Regulations abroad are also changing rapidly and currently require regular review prior to UAS activity. 3.5 Jurisdiction of the University of California The UC has legal standing to implement regulations, policies, or procedures of activity on University Location. This includes defining where aircraft may be launched or land, and whether persons standing on a University Location may or may not operate equipment or machinery. The UC has legal standing to implement regulations, policies or procedures for the use of any UA owned by the UC. The UC does not have legal standing to implement regulations, policies or procedures regarding overflight of UC property as this remains the jurisdiction of the FAA. The UC may not enforce a general prohibition of any aircraft from flying above a University Location. 3. BACKGROUND ON UAS REGULATIONS Page 14 of 89

16 However, other non-aviation regulations may be violated during an overflight of a University Location and may be enforceable by law enforcement. As an example, the invasion of privacy is under state jurisdiction and within the state of California, a person is liable for physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal or familial activity and the invasion occurs in a manner that is offensive to a reasonable person 1. Other laws, such as trespass and nuisance, may also be applicable during an overflight of a University Location. 1 CA Civil Code (a) 3. BACKGROUND ON UAS REGULATIONS Page 15 of 89

17 4 Registration of UAS Within the US, all UA must be registered under the regulations specified by 14 CFR 47 or 14 CFR 48, depending on the weight of the aircraft, location of the aircraft s operation or primary purpose of the aircraft. Aircraft flown exclusively outside the US or within military airspace may be subject to other registration requirements. 4.1 Registration of UC-owned UAS The Regents of the University of California are the legal owners of all UC property. Similarly to BFB- BUS-19: Registration and Licensing of University-Owned Vehicles, all UC-owned UA must be registered to the Regents of the University of California (Figure 4.1) to meet compliance obligations under 14 CFR 47 or 14 CFR 48. Figure 4.1: Example suas Registration Certificate Registration under 14 CFR 48 may be done online (Figure 4.2) at UAS that weigh more than 55 lbs or are required to have UAS registration that is valid internationally must be registered under 14 CFR 47 and must be done through mail with an Original Aircraft Registration Form, AC Form Registration of Model Aircraft Model Aircraft are required to be registered under 14 CFR 48. Though typically most UA owned by the UC will be registered individually, there are some cases where they may be registered as Model Aircraft. UA that are used exclusively as Model Aircraft may be registered as a group under the owner of the Model Aircraft. In the case of the group or company owned Model Aircraft, they may be registered under the primary user or manager of the Model Aircraft as the Model Aircraft registration is not considered proof of ownership. Common scenarios for Model Aircraft Model Aircraft owned by students should be registered by the student 4. REGISTRATION OF UAS Page 16 of 89

18 Figure 4.2: FAA suas Registration Site Model Aircraft owned by a student club can be registered by a member of the student club, a club mentor or faculty advisor. Model Aircraft used in classroom or educational activity should have the faculty, instructor or department staff member register for an FAA registration number to be placed on all aircraft. 4.3 Record Keeping Policy Requirements Records of UC-owned UAS registration must be provided to the Designated Local Authority or the Systemwide Designated UAS Authority. Registration of all UA used for University Business must be provided to the Designated Local Authority or the Systemwide Designated UAS Authority. UC Drones may be used to submit records electronically and other electronic submission processes may be available in the future. A University Location may additionally implement a centralized registration process using a single FAA online account. 4. REGISTRATION OF UAS Page 17 of 89

19 5 Review of UAS Activity 5.1 General Procedures A UAS activity Request process provides the University of California the ability to validate whether the proposed use complies with the Policy that requires all operations are performed in a manner that mitigates risks to safety, security, privacy and ensures compliance with any applicable regulation. All persons seeking to operate a UAS covered within the Policy must submit a UAS Request Form to the Designated Local Authority or Systemwide Designated UAS Authority if a Designated Local Authority has not been appointed for a University Location. The Policy requires that the review of a proposed operation must be responded to within two weeks. Approvals for UAS activity may be granted in many forms: Single or set of UAS flights during a specific time-window Set of UAS flights over a defined period of time Scheduled recurrent UAS flights at a defined location Unscheduled UAS usage at a series of predefined locations Standing approvals Records of approval and the terms of the approval must be kept by the Designated Local Authority and the Systemwide Designated UAS Authority. 5.2 Submission of UAS Request Form The UAS Request Form is a documented request of UAS activity. An example form can be made available by a Designated Local Authority or Systemwide Designated UAS Authority (Figure 5.1). The Policy does not mandate a specific form or system for submitting a UAS Request Form. A University Location may establish a specialized UAS Request Form for any UAS activity as long as the UAS Request Form collects sufficient information to conduct a review of the UAS activity to ensure Policy compliance (Figure 5.2). 5.3 Reviewer of UAS Activity The Policy grants authority to review UAS activity to the Systemwide Designated UAS Authority and the Designated Local Authority. Per the Policy, the Systemwide Designated UAS Authority may review UAS activity unless a Designated Local Authority is assigned to review UAS activity at a Campus. In many cases, the Designated Local Authority is in a better position to evaluate the safety and impacts to privacy of UAS activity on their location. As per the relationship between the Systemwide Designated UAS Authority and Designated Local Authority, the Systemwide Designated UAS Authority will provide interpretation of regulations, including international, federal, state and local, and provide subject matter expertise to the Designated Local Authority to pass the final judgment. It is expected that as campuses become more familiar with UAS 5. REVIEW OF UAS ACTIVITY Page 18 of 89

20 Figure 5.1: Example UAS Flight Request Form - UC Drones regulations and their use, the majority of use cases may be handled completely by the Designated Local Authority. A location-specific policy or procedure may further establish the role of the Designated Local Authority and other campus entities that may be granted autonomy to review UAS activity. 5.4 Criteria Used to Evaluate UAS Activity The Policy mandates that all UAS activity within the scope of the policy must be approved prior to flight. The review process must include: Review of compliance with applicable regulations (Section 5.4.1) and includes Export Control (Section 5.4.2). Review of impacts to safety (Section 5.4.3). Review of impacts to privacy, civil rights and liberties (Section 5.4.4). Review of insurance (Section 5.4.5). The review process may additionally include Prioritization of University Business Approval of facility manager or other local authority Approval or consent of persons that may be impacted by the proposed operation Previous documented flight experience or expertise Impacts to wildlife or other environmental concerns Evaluation of Regulatory Compliance UAS regulations are regularly evolving; there are multiple legal pathways within the US and internationally. The Policy does not mandate exclusive compliance with a particular set of regulations. The 5. REVIEW OF UAS ACTIVITY Page 19 of 89

21 Figure 5.2: Example UAS Flight Request Form - UC San Diego Systemwide Designated UAS Authority is responsible for providing the interpretation to regulations for the Designated Local Authorities. Civil Regulations for Small Unmanned Aircraft Systems (14 CFR 107) As of July 10, 2018, more than 86% of UAS activity within the UC system falls under the recently released regulations in 14 CFR 107. The full language of the regulations can be found here: https: // and a summary can be found here: There are 22 points of compliance as outlined in the 14 CFR 107 compliance list found in Section If further regulations are issued that provide alternative legal pathways, they may be utilized without requiring modification to policy. By default within the United States, all UAS operations in the NAS are regulated under 14 CFR 107 unless it meets the exception criteria for Model Aircraft, Public Agency Operation (PAO) or with a Section 333 Exemption. Model Aircraft (14 CFR 101) UAS activity for coursework, senior projects or recreation may be eligible for compliance through the Model Aircraft regulations in 14 CFR 101. Information on the interpretation of student use can be found in Section 15. The full language of the regulations can be found here: There are 8 points of compliance as outline in the Model Aircraft Regulation compliance list (Section 16.2). Public Agency Operations (14 CFR 91) UAS activity may be conducted under 14 CFR 91 regulations when classified as a PAO with a Public Aircraft. UAS activity requested as an PAO should be reviewed on a case-by-case basis as these authorizations are often specific to an aircraft, location, purpose and organization, and may contain special restrictions or allowances. The Systemwide Designated UAS Authority is available to review and issue an interpretation for compliance. 5. REVIEW OF UAS ACTIVITY Page 20 of 89

22 Section 333 Exemptions (14 CFR 91) UAS activity may be conducted under 14 CFR 91 regulations through a special exemption known as Section 333 Exemption (Section 333 of Public Law , see Section 15)). Operations conducted through Section 333 exemptions should be reviewed on a case-by-case basis as these authorizations contain different restrictions and allowances, depending on use case. International Regulations UAS activity conducted outside of the US are subject to the host country s regulations. The Systemwide Designated UAS Authority maintains a database of international UAS regulations and will provide an interpretation of regulations as requested. State or Local Regulations Many states and cities have begun to implement local authority over UAS activity. There is currently no central database of such regulations, so these must be identified and reviewed on a case-by-case basis. The Systemwide Designated UAS Authority maintains a database of common state and local regulations requested by UC UAS activity. While the FAA maintains sole jurisdiction of the NAS, state and local authorities may enact regulations related to traditional police powers such as land use planning and zoning, health, safety and advertising Evaluation of Compliance with Export Control Certain UAS may be export controlled under US Export Regulations and, as such, may not be physically exported outside the United States without a license from the US government. In addition, a license may be required if foreign nationals located within the US are provided access to the technology related to such systems (deemed exports). All UC individuals or organizations that intend to design, build, research, use in research, modify, dismantle, and/or operate a UAS in foreign countries and/or with foreign nationals in the US or abroad must do so in accordance with the Export regulations and the UC Export Control Policy. Documentation of UC-owned unmanned aircraft is additionally available for Export Control personnel to review Evaluation of Impacts with Safety The review of the UAS activity is limited to the scope of campus or public safety. It does not review all safety implications. As applicable, the Designated Local Authority or Systemwide Designated UAS Authority should review for Mitigation strategies for Pedestrian Safety Vehicular Safety Loss of Control Crowd Control Sensitive Locations 5. REVIEW OF UAS ACTIVITY Page 21 of 89

23 Not all UAS activity will require a detailed review for minor or low risk activity. A primary means of mitigation for safety impacts is to relocate UAS activity to large, open areas away from non-participating persons. The review of safety does not absolve the Remote Pilot in Command (RPIC) s responsibility to maintain a safe operating environment. The safety aspect of the review does not consider: Weather conditions Obstructions from ground hazards (Trees, temporary structures) Previous unrecorded flight experience Evaluation of Impacts with Privacy, Civil Rights and Liberties The use of UAS is still relatively new and there is still much trepidation regarding privacy, civil rights, liberties and UAS. Compliant with other UC policies regarding privacy, UAS activity must respect the privacy of others and not infringe on their civil rights and liberties. The perceived invasion of privacy is additionally to be avoided. It is unlikely that a proponent would blatantly propose activity that would invade a person s privacy. However, there may be proposed activity that may be perceived as potentially invading privacy. An example of this would be in UAS activity in close proximity to residential buildings. Regardless of the intent or business nature of the UAS activity, unless mitigating strategies are employed, such activities should be prohibited. Best practices regarding UAS activity are listed in Section Evaluation of Compliance with Insurance All UAS activity must be covered by liability insurance. The UC provides automatic coverage for UAS activity for UC-owned UA. Additionally, personally owned UA used for University Business can be covered if the UAS activity is approved. All 3 rd Party UAS activity must submit appropriate insurance, including a written agreement which indemnifies and holds the University harmless from any resulting claims or harm to individuals and damage to University property. A proponent of Model Aircraft for Recreation may show affiliation with a Nationwide Community-Based Organization that has an approved set of safety guidelines. More details are provided in Section Other Factors that may be reviewed At a minimum, the above criteria are necessary to be reviewed. However, there may be other factors that may be utilized at the discretion of a Designated Local Authority in accordance with a location-specific policy or procedure. This may include but is not limited to: Prioritization of University Business. Risk Level of UAS activity. 5. REVIEW OF UAS ACTIVITY Page 22 of 89

24 Approval of facility manager or other local authority. Approval or consent of persons that may be impacted by the proposed operation. Previous documented flight experience or expertise. Impacts to wildlife or other environmental concerns. There are currently only limited existing standards for UAS activity that may or may not be applicable within the UC system. A location-specific policy or procedure may elect to adopt standards as they are developed. It is intended that the Systemwide Designated UAS Authority will continue to evaluate and provide recommendations for specific standards. 5.6 Relationship of a UC Review Process with Applicable Regulations The University of California requires that all UAS activity comply with all applicable regulations, at the international, federal, state and local levels, as well as mitigates risks to safety, security and privacy. Additionally, a Designated Local Authority may choose to review other factors. It is foreseeable that otherwise legal UAS activity may be prohibited or require modification by either the Designated Local Authority or Systemwide Designated UAS Authority. Example of potential scenarios: Non-essential UAS activity in the vicinity of dorms where privacy concerns exist. UAS activity where the use of a UAS would disrupt other University Business such as commencement ceremonies or campus events. Proposed UAS activity that conflict with other previously approved UAS activity. Proposed UAS activity that is likely to violate FAA regulations such as direct flyovers of large areas of a busy campus. Proposed UAS activity requires the reservation of an athletics field that is occupied. Proposed UAS activity is above a preferred flight altitude limit for a specific location and may interfere with medical helicopter activity. The review by a Designated Local Authority or Systemwide Designated UAS Authority also includes state or local regulations at sites such as California State Parks or County Park Systems. A UAS activity may be considered legal under FAA regulations, but may be prohibited by other regulations, and thus would not be approved. Due to the vast diversity of regulations at the state and local level, a review process may take longer at those sites. 5.7 Terms of Approval In some cases, UAS activity approval may require additional terms or conditions. These may arise from UAS activity where additional flexibility is requested, such as recurrent UAS activity in a lowrisk location. The Designated Local Authority or Systemwide Designated UAS Authority may attach additional requirements or procedures at their discretion. Items to consider as part of the Terms of Approval 5. REVIEW OF UAS ACTIVITY Page 23 of 89

25 Frequency of reporting. Currency requirements of the RPIC. Procedures to address rescheduling. Procedures for accident notification. Example language that may be used in Terms of Approval can be found in Section REVIEW OF UAS ACTIVITY Page 24 of 89

26 6 UAS Activity Reporting The reporting of UAS activity is an important aspect of oversight, management and the development of future policies and procedures. The Policy mandates that reporting must be accomplished but does not specify details regarding the frequency or specific information requirements. This section provides guidance on establishing a successful reporting system. All reporting must meet or exceed compliance with all applicable regulations and policies. As of July 10, 2018, the UC has 4 UAS specific reporting compliance obligations. The UC additionally has other reporting compliance obligations related to workplace safety and accident reporting. 6.1 UAS Reporting Compliance Obligations All UAS activity covered under the UC s UAS insurance must be reported to the insurance broker on a quarterly basis. All UAS activity classified as a PAO must be reported to the FAA on a monthly basis. Records of UAS activity conducted under 14 CFR 107 may be requested by the FAA and must be made available. All UAS activity conducted under a systemwide FAA Airspace Authorization, Airspace Waiver or Certificate of Waiver or Authorization must be documented and made available to the FAA upon request. 6.2 UAS Safety Metric Tracking An important aspect of regular UAS activity reporting is the tracking of safety metrics. Through the use of effective data collection, trends regarding UAS safety enables Designated Local Authorities to identify and make recommendations to adjust local procedures without compromising safety. Flight record statistics may also be utilized for reviews for high risk UAS activity. Example scenarios include standing approval for media representatives who must maintain Currency for UAS activity that require a higher level of expertise due to a higher Risk Level. The UAS Advisory Board additionally reviews all UAS activity reporting for its analysis on the effectiveness of the Policy. 6.3 Collection of UAS Activity Reports The Policy does not mandate a specific process for collection of UAS activity. A Designated Local Authority or location-specific policy or procedure may opt to implement a different solution, depending on need or desired data. It is recommended that UAS activity reports be collected as immediately as possible from the proponent to minimize complacency and forgotten minor incidents. Example UAS activity Report Collection UC Drones on a per day, per aircraft, per pilot basis. 6. UAS ACTIVITY REPORTING Page 25 of 89

27 Excel spreadsheet of reports collected on a weekly basis. Webform generated report. Electronic submission via access to a commercial cloud solution. Scanned handwritten documents. UC Drones provides Designated Local Authorities with a mechanism to collect and review UAS activity reports (See Section 11.1). Data entered in UC Drones may be made available to authorized personnel in compliance with UC policies. 6.4 UC Minimum Reporting Guidance Flight record data must include sufficient information to be able to determine: Date Pilot Aircraft Location # of flights Total flight time Accident or incident records Flight records may additionally include Flight altitude or distance Telemetry data Fuel or Battery information Software/hardware configurations, including payload Weather conditions Images or other media of the UAS activity 6.5 3rd Party Reporting UAS activity accomplished by a 3 rd Party must be tracked and monitored. Failure to submit records may be considered in future UAS activity review. 6.6 Alternative Means of Compliance In some use cases, it may be unfeasible to collect accurate flight record information. Example scenarios: 6. UAS ACTIVITY REPORTING Page 26 of 89

28 Indoor Activity Individual Recreational Model Aircraft Coursework with large groups of students In these cases, the location-specific policy or procedure or Designated Local Authority, in consultation with the Systemwide Designated UAS Authority and or the UAS Advisory Board may develop alternative means of compliance. Example solutions include low fidelity usage approximations on a daily or monthly summary. 6. UAS ACTIVITY REPORTING Page 27 of 89

29 7 UAS Accident Reporting All UAS accidents, incidents and malfunctions must be reported. This differs from FAA requirements under 14 CFR 107 because the UC has other reporting compliance obligations that it must meet. A Designated Local Authority or the Systemwide Designated UAS Authority will make a determination if the accident, incident or malfunction requires further reporting with the appropriate regulatory body. In data collected from September 2016 to March 2018, UAS accidents, incidents or malfuctions that resulted in non-minor UAS damage, injury or property damage were caused by evenly between humanfactors or system malfunctions. 7.1 Common Accidents, Incidents or Malfunctions Some of common UAS accidents, incidents and malfunctions that have been reported include: Operator error resulting in collision with stationary object Loss of Battery/Fuel Fly-away/loss of control Hardware malfunctions such as GPS interference Improper Return to Launch location Improper assembly of vehicle Experimental hardware/software Hazardous weather conditions Battery caught fire from puncture or impact 7.2 Exemptions The following accidents, incidents and malfunctions are exempt from reporting Malfunctions related to payloads that have no impact on safety Damage of components designed or expected to fail during regular use Rough or hard landings that do not result in damage Damage to the drone due to improper ground-handling/transportation 7.3 Accident Investigation The Designated Local Authority or Systemwide Designated UAS Authority may initiate an investigation of a reported accident, incident, malfunction or reported near-miss situation. Any opportunity to better 7. UAS ACCIDENT REPORTING Page 28 of 89

30 understand the root cause of a UAS accident is valuable. A process or procedure for accident investigation may be written into a location-specific policy or procedure. Below are some general guidelines for conducting a UAS Accident Investigation (adapted from OSHA) Incident Investigation Principles Do not assign blame to the reporter Remind everyone that the investigation is to learn and prevent, not to penalize Ensure everyone s narrative is heard Process Call or gather the necessary persons to conduct the investigation Identify and gather witnesses (if applicable) Collect facts Collect a narrative from the RPIC and witnesses Document the incident with photos and videos (if applicable) Complete a report (if applicable) Identify causes Identify latent conditions Identify corrective actions Interviewing People Use open-ended questions State the purpose of the investigation is fact-finding, not fault-finding Ask the individual to recount their version of the event Ask clarifying questions to fill missing information Ask the individual what they think could have prevented the incident, focusing on the conditions and events preceding the event Information to Collect RPIC information UAS information, including Hardware or Software firmware Automated features of the UA used 7. UAS ACCIDENT REPORTING Page 29 of 89

31 Time of Day Location Potential visual obstructions, including Trees, Powerlines, People or crowds, Weather conditions, such as Wind Sun location Clouds or Fog Supervisor information Potential witnesses Corrective actions Causal factors that may have played a role Determining Causal Factors Causal factors for an accident are rarely definitive and may be subjective. Some example causal factors to investigate include, but are not limited to: Was there external pressures that may have contributed to the incident, such as weather, pressure from management, time-limits, etc? Was the location a contributing factor? Was the management or oversight procedures a contributing factor? Consider administrative or engineering factors Was equipment questionable but still used? Was there a miscommunication within the operating team? Were there any quick fixes/unplanned changes made in the field to complete the mission? 7. UAS ACCIDENT REPORTING Page 30 of 89

32 8 UAS Insurance 8.1 Coverage for UC-owned Unmanned Aircraft The University of California (UC) has purchased an UA Liability Policy. This policy has a total of $5 Mil limit with a $1 Mil Personal Injury sublimit and $1 Mil Products/Completed Operations sublimit. Coverage is automatic for UAS activity that meet the following criteria: Flight operations are conducted on behalf and sanctioned by the University of California. Aircraft weight under 55 lbs (at time of takeoff) Flight operations are within Visual Line of Sight (VLOS) Flight operations are below 400 ft above ground level. Flight operations must be conducted within the United States. Any UAS activity that do not meet the above criteria or operate outside the above criteria must be reported to and approved by the insurance underwriter in order to be covered. Any UAS activity that is not approved by a Designated Local Authority or Systemwide Designated UAS Authority is not covered by this liability insurance coverage. 8.2 Coverage for Personally Owned Unmanned Aircraft Used for University Business The University of California (UC) has extended their UAS liability policy to enable coverage of UAS owned by UC students, staff or faculty used for University Business, including research. Coverage in contingent on compliance with the policy and procedures on UAS usage. This coverage is not intended to cover student organizations or 3 rd Party vendors or contractors. 8.3 Coverage for Campus Police The University of California (UC) has extended their UAS liability policy to enable coverage of UAS by Campus Police. All coverage is contingent on the UAS activity being sanctioned by the UC. Any UAS activity that is not approved by a Designated Local Authority or Systemwide Designated UAS Authority is not covered by this liability insurance. 8.4 Recommended Minimums for 3 rd Party All 3 rd Party UAS activity, including on behalf of the University or other users of campus space, must have liability insurance with a preferred limit of $5 Mil. In addition to the limit that is provided by the RPIC, a certificate of insurance along with a copy of the endorsement listing the following insurance clauses should be issued prior to commencement of services: 8. UAS INSURANCE Page 31 of 89

33 1. Name The University and its directors, officers, employees, servants and agents (collectively, the Indemnified Parties and individually, the Indemnified Party ) as additional insureds, as their respective interests may appear 2. The RPIC s insurance shall be primary without any right of contribution from any other insurance available to The University 3. Include a cross liability or severability of interests among Indemnified Parties, providing that the insurance shall operate in all respects as if a separate policy had been issued covering each party insured 4. Include a waiver of subrogation in favor of the Indemnified Parties. 5. The certificate of insurance shall also provide that, in the event of a cancellation or material restrictive change of the policy which would adversely affect the interest of the Indemnified Parties, the insurers agree to provide 30 days prior written notice to The University. 8. UAS INSURANCE Page 32 of 89

34 9 UAS Safety Guidelines Safety is a moving target rather than a static definition. As technology and regulations change, different interpretations of how to achieve a safe operating environment evolve. What follows below are general guidelines to how UAS safety may be reviewed. The Systemwide Designated UAS Authority is additionally available to review. Disclaimer: Not all UAS safety risks are capable to be reviewed. The review of UAS safety does not absolve an RPIC s responsibility to ensure a safe operating environment. 9.1 UAS Safety UAS safety typically falls under two categories: (1) Planned Safety and (2) On-site threats. The UAS activity review process includes a review of Planned Safety to ensure that the RPIC is aware of potential risks and has procedures to mitigate risks. Not all potential safety considerations may be applicable. Many risks associated with UAS activity can be mitigated by selecting operating locations where a UAS incident or accident would be unlikely to cause an injury Planned Safety Planning for safety is an important aspect to UAS activity. Many RPICs have documented standard operating procedures that may be used to fulfill safety planning requirements. Depending on the scenario, safety planning may include: Narrative of the proposed operation Flight altitudes Marking of buffer or safe-zones Specific flight paths Emergency procedures Identified emergency or contingency locations Crew management (including roles and responsibilities) Procedures to manage crowds or spectators On-site Threats There are many on-site threats to UAS safety that are not always feasible to be reviewed. It is the responsibility of the RPIC to ensure a safe operating environment, from ensuring the UA is suitable for operation to managing intrusions and weather conditions. Example On-site Threats 9. UAS SAFETY GUIDELINES Page 33 of 89

35 Weather conditions Structures not visible from satellite imagery, such as Powerlines or telephone poles Recent construction Temporary structures Intruding air traffic Intruding pedestrians or other non-participants UA damage Unplanned spectators or crowds 9.2 Safety Guidelines UAS activity should always establish a buffer or safe-zone between the UA and any non-participating persons or sensitive locations. A good rule-of-thumb is to maintain a buffer or safe-zone of roughly 1 4 th of the flight altitude. Visual Observers (VOs) and supporting ground crew should be utilized when available. Supporting ground crew should assist in ensuring safety to all non-participating persons. High visibility reflective vests should be utilized when operating near roads or when near nonparticipants (Figure 9.1). Whistles are effective for alerts or other time-sensitive communication. Orange cones may be used to help communicate UA flight regions to non-participating persons, but are not fully sufficient. If spectators are expected, a supporting ground crew member should be tasked with preventing spectators from distracting the RPIC with questions or comments. When operating in uncontrolled locations in proximity to non-participating persons, extra care should be exercised. Specific flight paths and altitudes should be pre-planned such that potential gaps in buffer or safe-zones can be identified. When operating near roads, a supporting ground crew member should be tasked with being located near the road to monitor traffic, and if necessary, retrieve a fallen UA before it becomes a road hazard. When operating in fenced areas, operate exclusively within the fenced areas unless there is sufficient visibility on the other side to ensure safety to non-participants. Flying above buildings and structures minimizes risk to pedestrians, but it is recommended to contact the facility manager to explain the proposed operation and potential for risk. 9. UAS SAFETY GUIDELINES Page 34 of 89

36 Figure 9.1: UAS operators with high visibility reflective vests 9.3 Aerial Threats to UAS Activity One of the biggest UAS safety concerns for the FAA is aircraft to aircraft strikes. As of July 10, 2018, there has been one validated accident between a UAS and manned aircraft. However, there have been many documented near-misses, even within the UC system. Detecting and avoiding aircraft is a four-stage process: detect, assess, decide, act. Each stage takes a non-insignificant amount of time. Minimize the threat of aerial collisions by making sure you have enough time to get out of the way. Minimize the time it takes to detect a threat. Constantly listen for potential incoming aircraft. Bring a visual observer. Everyone must be on task while the UAS is in operation. Minimize idle chat. Minimize the time it takes to assess a threat Fly at low-altitudes and within close proximity to make it easier to judge whether an intruding aircraft may pose a threat. Practice judging an intruding aircraft s location by sound. Use visual scanning techniques to identify an aircraft s location quicker. Minimize the time it takes to decide on a course of action. 9. UAS SAFETY GUIDELINES Page 35 of 89

37 Pre-plan for evasive actions by identifying evasive action trajectories. Know where emergency safe landing locations are. Minimize the time it takes to act. Know how to disengage an automated flight plan. Practice taking over and resolving an aerial threat. 9.4 UAS and Fire Safety While UAS accidents and incidents involving fire are rare, they are a valid and significant concern. With the majority of UC UAS usage on field sites and other rural locations, the potential for the accidental sparking of fire is a concern. A fire sparked by a UAS can spread quickly (Figure 9.2) and with California s dry environment, can cause significant damage (Figure 9.3). Figure 9.2: Beginning of a fire at Richmond Field Station, UC Berkeley Figure 9.3: Post fire damage from UAS accident at Richmond Field Station, UC Berkeley 9. UAS SAFETY GUIDELINES Page 36 of 89

38 The most common cause of UAS related fire is from misuse of Lithium Polymer (LiPo) batteries. Special care should be taken when charging, discharging or storing LiPo batteries. If the internal polymer cell of a LiPo battery is exposed to air, a violent chemical reaction starts that could explode, but more commonly releases significant amounts of smoke and heat that can ignite other fire fuel sources. A LiPo battery fire is typically caused by a physical puncture to the battery or from misuse, such as overcharging or electrical shorts. In reviewing UAS activity, it is important that the RPIC is aware of the relevant fire dangers and plans for fire safety. Consult the appropriate department (Fire, Field Safety, EH&S) if there are concerns over fire risk. Minimize the potential for fire by monitoring where the UAS will be flying and ensure that if a fire was to occur, the RPIC and any other persons, such as VOs, are prepared to respond appropriately. Guidance for fire safety: Everyone should take a fire safety training course. Avoid flying on high fire risk days. Bring a fire extinguisher and a shovel/bucket of sand to field sites. Ensure that a crew member has easy access to fire equipment. Ensure that a crew member has easy access to reach any location where the UA may crash. Ensure that a crew member has the ability to report an emergency situation and can adequately provide directions for emergency personnel to reach the site. When flying in high fire risk locations, use high quality, commercially available UA with enclosed electronics. Never fly a damaged or swollen battery. 9.5 Community Input to Safety Another pathway that is recommended to improving UAS safety is to acknowledge the demand for UAS activity and engaging with the campus community to ensure there is a functional pathway to meet the demand. When the pathway is too restrictive, non-compliance increases and in turn decreases overall safety. Section 12 provides examples of campus UAS groups. 9. UAS SAFETY GUIDELINES Page 37 of 89

39 10 Special Consideration Use Cases 10.1 Recreational Model Aircraft Model Aircrafts have been a popular past-time since the dawn of modern aviation, and their use has largely been unregulated. In 2012, Congress put into law the definition of Model Aircraft and the Special Rule for Model Aircraft in Public Law (Section 15). The Special Rule was codified in 14 CFR 101 with the publication of 14 CFR 107. A summary of the definition of Model Aircraft and the Special Rule for Model Aircraft can be found in Section While operating under Model Aircraft regulations, the RPIC is not required to have a Remote Pilot Certificate. However, they are required to register the Model Aircraft with the FAA, notify all airports and heliports within 5 statute miles and adhere to a community-based set of safety guidelines and within the programming of a Nationwide Community-Based Organization. As of July 10, 2018, there is no standard definition for Nationwide Community-Based Organization. It is universally accepted that the Academy of Model Aeronautics (AMA) qualifies as a Nationwide Community-Based Organization. The AMA is the world s largest model aviation association and is open to anyone interested in model aviation. It has a well-established Safety Code (abridged in Section ). Model Aircraft activity can be made safe and appropriate in large, open fields with limited opportunities for pedestrian intrusion. However, safety considerations arise when operating in small areas, or in the vicinity of people. It is important to note that under the AMA safety code, Model Aircraft must remain a minimum of 25 ft from all persons, with the exception of the RPIC. The use of Model Aircraft is within the scope of the Policy to review. This enables the location-specific policy or procedure or Designated Local Authority to issue restrictions or allowances on Model Aircraft at University Locations. This includes open or standing approvals in specific activities that are deemed to be of low or minor risk. Other example Model Aircraft policies or procedures statements: Model Aircraft activity is prohibited within 100 ft of residential areas without prior approval. Model Aircraft activity is allowed at specific campus fields for any UC-affiliate who completes an online webinar that instructs on campus-specific policies and safety guidance. A student club that wished to hold a Model Aircraft club activity must submit safety documentation. Model Aircraft activity may not exceed 100 ft Above Ground Level (AGL). It is recommended that the policies or procedures for Model Aircraft include consultation with expected users and include student groups Educational Use There are specific educational use cases of UAS that fall under Model Aircraft regulations as outlined in the FAA s interpretation memo: policy/media/interpretation-educational-use-of-uas.pdf 10. SPECIAL CONSIDERATION USE CASES Page 38 of 89

40 The FAA states that: A person may operate an UA for Hobby or Recreation in accordance with Section 336 of the FAA Modernization and Reform Act (See Section 15) at educational institutions and communitysponsored events provided that person is not compensated, or any compensation received is neither directly nor incidentally related to that person s operation of the UA at such events. A student may conduct Model Aircraft operations in accordance with Section 336 of the FAA Modernization and Reform Act (See Section 15) in furtherance of his or her aviation-related education at an accredited educational institution. Faculty teaching aviation-related courses at accredited educational institutions may assist students who are operating a Model Aircraft under Section 336 and in connection with a course that requires such operations, provided the student maintains operational control of the Model Aircraft such that the faculty member s manipulation of the Model Aircraft s controls in incidental and secondary to the student s (e.g., the faculty member steps-in to regain control in the event the student begins to lose control, to terminate the flight, etc.). The prohibition on receiving compensation, while broad, does not preclude a student from operating UAS in connection with fulfilling a specific course s requirement while also receiving financial aid, participating in work-study programs or being a paid research assistant to a faculty member teaching such a course. This is interpreted as follows: A student may operate under Model Aircraft regulations (Section 16.2) when its use is part of a course such as an in-class assignment a homework assignment, a class-project, or a senior-project. A student may operate under Model Aircraft regulations (Section 16.2) while being paid or financially compensated by the University as long as the compensation is not related to the operation of the UA. A faculty member may operate under Model Aircraft regulations (Section 16.2) when providing only secondary control to a student operating under Model Aircraft regulations (Section 16.2). A faculty member is not subject to the above restriction when operating under suas regulations as defined under 14 CFR 107 (Section 16.1). Research projects that are sponsored, directed or developed by faculty, research staff, or paid students including graduate students may not be conducted under Model Aircraft regulations (Section 16.2). A club or other community-based group may operate under Model Aircraft regulations (Section 16.2) at University Locations provided they are: 10. SPECIAL CONSIDERATION USE CASES Page 39 of 89

41 not compensated, or any compensation received is neither directly nor incidentally related to that person s operation of the UA at such events. A student club may organize a club event on a University Location under Model Aircraft regulations. A student who operates a Model Aircraft for a homework assignment or class project may use the footage or data collected at a later date for non-recreational purposes UC-owned Unmanned Aircraft used in Education If the UA is owned by the UC, the UA must be registered as in Section 4 and its usage approved and tracked as in Section 5 and 6. This is a common scenario (Figure 10.1) in courses with fieldwork components. Scenarios where educational use of UAS must be approved and recorded: UA is owned by the UC UA is operated on or within a University Location. The Designated Local Authority or location-specific policy or procedure may additionally opt to issue open or standing approval under specific conditions that are deemed to be of low or minor risk on the condition of regular UAS activity reporting. Figure 10.1: Students flying UC-owned UAS for coursework on a University Location. 10. SPECIAL CONSIDERATION USE CASES Page 40 of 89

42 10.3 Indoor Use The use of UAS of all sizes indoors is included within the scope of the Policy. Any UAS operated exclusively indoors is still considered legally an UAS as an aircraft is defined as any contrivance invented, used, or designed to navigate, or fly in, the air (49 U.S.C ). Though UAS that are operated exclusively indoors are exempt from FAA regulations, the Policy maintains oversight of indoor usage as their usage may still pose a safety risk, albeit easily mitigated. suas below 0.55 lbs often pose little serious risk to persons, however, they may damage property. Mitigation may be accomplished by restricting usage to trained operators or by restricting usage within structures or implementing physical barriers to fragile items. The Designated Local Authority or location-specific policy or procedure may opt to issue specific restrictions or allowances on the use of UAS indoors. Specific flight information may not always be feasible, but should be reported when it is. Example Statements for Indoor Use Student Clubs or classes must operate within a netted structure designed to prevent damage when operating indoors. No flying within dorms. suas under 0.55 lbs may be operated indoors in a safe manner that minimizes risk to fire sprinklers. A laboratory hazard assessment must be conducted prior to any indoor UAS usage. Regular indoor UAS activity must submit estimated usage rates Non-University Business Use All UAS activity on or within the property owned or managed by the UC must be approved before commencing. This includes when Non-University Business occurs at University Locations. Some common instances of Non-University Business Use 3 rd Party visitors to University Location. 3 rd Party hired by UC to perform a service. A student or group of students providing a service. The review process described in Section 5 remains the same. However, since they are not acting on behalf of the Regents of the University of California, they must obtain their own liability insurance and are responsible for obtaining any necessary authorization for regulatory compliance. For departments or groups who may wish to use a UAS at a very infrequent rate, it may be more advisable to utilize an existing UC affiliated RPIC rather than hiring a 3 rd Party RPIC. A common scenario is found at University Locations in controlled airspace (Non-Class G airspace). The Systemwide Designated UAS Authority has obtained Airspace Authorizations for many such locations, however it is not transferable to non-university Business Use. If a researcher hires a RPIC for UAS activity on the UC Santa Barbara campus (Class C airspace), the 3 rd Party RPIC must obtain their own Airspace Authorization. 10. SPECIAL CONSIDERATION USE CASES Page 41 of 89

43 This also applies to students who perform a commercial service at a University Location. Even though the student is a UC student, the student s purpose is not University Business and thus falls into Non- University Business Use Emergency or First Responder Use of UAS The Policy states that the operation of UAS by emergency first responders may be exempt from the policy based on determination of emergency needs. First responders should refer to their internal department protocols. However, the Systemwide Designated UAS Authority is available to assist in the development of first responder protocols for UAS usage. The use of UAS is on the rise nation-wide as their potential for saving lives are realized - providing aerial views for search & rescue, monitoring for mudslides or other hazardous situations. First responders may operate under as a PAO (if a public agency, such as law enforcement) or under 14 CFR 107. All rules and regulations are applicable. Additional regulatory flexibility is provided through the FAA s Special Governmental Interest (SGI) process (FAA Order JO A) Special Governmental Interest Process Through its SGI process, the FAA may expedite the issuance to qualifying UAS operations of 1) addendums to pre-existing Certificate of Waiver or Authorizations or 2) waivers and authorizations to 14 CFR 107 operators. What sort of waivers and authorizations are available through the SGI process? The FAA may rapidly approve through its SGI process Certificate of Waiver or Authorization addendums and 14 CFR 107 authorizations and waivers UAS operations that: Fly in airspace (including controlled airspace and disaster Temporary Flight Restrictions (TFRs)) and/or at altitudes not otherwise permitted. Fly Beyond Visual Line of Sight (BVLOS). Fly at night. How do you request FAA assistance with approvals through the SGI process? 1. You must already be an existing 14 CFR 107 RPIC with a current certificate OR you must have an existing Certificate of Waiver or Authorization. The FAA will not grant emergency approval for casual or recreational drone pilots. 2. Fill out the Emergency Operation Request Form (MS Word) and send to the FAA s System Operations Support Center (SOSC) at 9-ator-hq-sosc@faa.gov. 3. If the proposed UAS flight is to be conducted within a disaster TFR, the FAA s SOSC, as appropriate, may need to pre-coordinate the requested operation with a responsible Incident Commander or Unified Command (IC/UC) to ensure their activity will support or, at a minimum, not interfere with broader response and recover efforts. The FAA will then coordinate with the effected Air Traffic facilities to: 10. SPECIAL CONSIDERATION USE CASES Page 42 of 89

44 1. Review your proposed operation and determine whether it meets the necessary criteria for emergency approval. 2. Implement any necessary mitigations to minimize impact on other air traffic operations. 3. Contact you within one hour or sooner regarding the status of your request or to request additional information. If approved, the FAA will add an amendment to your existing Certificate of Waiver or Authorization or Remote Pilot Certificate that authorizes you to fly under certain conditions for the specified operation. If denied, operators should NOT fly outside the provisions of their existing Certificate of Waiver or Authorization or 14 CFR 107. Operators have the option to amend their requests International Students, Visiting Scholars and Undocumented Students The UC attracts students, staff and faculty from all around the world. This unfortunately can complicate the already complex UAS regulatory environment. There are two issues: 1) obtaining a 14 CFR 107 Remote Pilot Certificate and 2) operating under 14 CFR 107. It is possible for it to be legal for a foreign national to obtain a 14 CFR 107 Remote Pilot Certificate but not be eligible to use it for a specific purpose Eligibility for a 14 CFR 107 Remote Pilot Certificate The Remote Pilot Certificate does not require U.S. citizenship. Requirements Be at least 16 years of age Be able to read, speak and understand the English language. If the applicant is unable to meet one of these requirements due to medical reasons, the FAA may place such operation limitations on that applicant s certificate as are necessary for the safe operation of the small unmanned aircraft. Not know or have reason to know that he or she has a physical or mental condition that would interfere with the safe operation of a small unmanned aircraft system. However, to take the FAA Airman Knowledge Exam, the proponent must prove their identity with a valid photo ID that includes their date of birth, signature and physical, residential address. For U.S. Citizens and U.S. Resident Aliens, this may be accomplished with one of the following: 1. Driver Permit or License issued by a U.S. state or territory 2. U.S. Government Identification Card 3. U.S. Military Identification Card 4. Passport 5. Alien Residency Card For Non-U.S. Citizens, this may be accomplished with one of the following: 1. Passport and a Driver permit or license issued by a U.S. state or territory. 10. SPECIAL CONSIDERATION USE CASES Page 43 of 89

45 2. Passport and an Identification card issued by any governmental entity Foreign Nationals operating an suas While a foreign national is permitted to obtain a Remote Pilot Certificate, there are additional federal regulations that apply, and in some cases, certain activity requires additional permitting or may be prohibited completely. Under federal law, an aircraft operated by a foreign national in civil airspace is generally considered a foreign registered aircraft and is subject to regulations found in 14 CFR 375 (link). It is important to note that this restriction applies only for UAS and suas for non-recreational activity. Any use under Model Aircraft operations, such as individual recreation, club recreation or in classroom activity, is not subject to 14 CFR 375 restrictions. How this applies: An international student with a Remote Pilot Certificate may operate a UC-owned suas for specific University Business. An international student with a Remote Pilot Certificate may not operate a personally-owned suas for University Business or for other non-recreational activity without at 14 CFR 375 permit. An international student may operate a Model Aircraft for personal recreation An international student may operate a Model Aircraft for a classroom homework assignment, project, or senior project Undocumented Students The University of California is home to many undocumented students, including those enrolled in Deferred Action for Childhood Arrivals (DACA). The University of California is steadfast in ensuring the education of all students admitted into the UC regardless of their immigration status 2. This section addresses the UAS restrictions and opportunities for undocumented students. Unfortunately, since the Remote Pilot Certificate is a federal certificate, it requires a federally recognized identification. Statewide initiatives such as AB60 Driver s Licenses are not valid as identification for the FAA Airman Knowledge Exam. Students with a DACA identification card are eligible to take the FAA Airman Knowledge Exam. For the purposes of Part 107, they are not considered foreign nationals and may operate under Part 107. It is important to note that there are three alternative solutions for undocumented students to utilize UAS in their education. 1. Undocumented students are not restricted to operate Model Aircraft. This applies to the use of Model Aircraft for individual recreation, club recreation or in coursework, classroom projects or senior projects SPECIAL CONSIDERATION USE CASES Page 44 of 89

46 2. Undocumented students are not restricted to operate UAS in indoor facilities, such as outdoor drone cages or inside UC buildings. Undocumented students may engage in UAS related research in any location where FAA regulations are not applicable. 3. For outdoor usage, undocumented students may be in control of auas or suas if and only if the student is under the direct supervision of a licensed RPIC and the RPIC has the ability to immediately take direct control of the flight of the suas - 14 CFR (a)(2) Night Time Operations Researchers within the UC have flown UAS at all hours of the day and night for many years. As UAS activity continues to grow, more requests are being submitted for flying at night for other purposes as well. Night time flying are allowed under 14 CFR 107 operations as well as Model Aircraft operations Under 14 CFR 107 Under the regulations in 14 CFR 107, there is an option to file for a waiver for daylight operation restrictions. All other provisions in 14 CFR 107 must be complied with. The UC has a systemwide Certificate of Waiver for 14 CFR Daylight Operations - Waiver Number: 107W UC personnel are eligible to utilize the systemwide authorization for University Business, including research and media or publicity use. Figure 10.2: Setting up a UAS for night operations - Anti-collision lights on the tail and navigational lights on the wings. 10. SPECIAL CONSIDERATION USE CASES Page 45 of 89

47 General Terms of Use The Systemwide Designated UAS Authority is responsible to the FAA for the safe conduct of all suas operations conducted under the waiver. The Systemwide Designated UAS Authority must ensure the RPIC, and VO are informed on the terms and provisions of the waiver; The Systemwide Designated UAS Authority must ensure the RPIC, and the VO are informed and familiar with the 14 CFR 107 regulations not waived; and The above must be documented and must be presented for inspection upon request from the FAA or an authorized representative. The waiver must not be combined with any other waiver(s), authorization(s) or exemption(s) without specific authorization from the FAA. The FAA has the authority to cancel or delay any or all flight operations if the safety of persons or property on the ground or in the air, are in jeopardy or there is a violation of the terms of the waiver. Operations under this waiver may only be conducted in Class G airspace unless a separate Certificate of Waiver or Authorization specifically stating that night operations may be conducted in controlled airspace is received from the FAA, in accordance with 14 CFR The airspace Certificate of Waiver or Authorization to operate at night must be requested separately and is not part of this waiver. A copy of this waiver must be available during suas operations that are the subject of this waiver. The Systemwide Designated UAS Authority must maintain a current list of pilots by name and remote pilot certificate number used in the waiver holder s operation. This list must be presented for inspection upon request from the FAA or an authorized representative. The Systemwide Designated UAS Authority must maintain a current list of small unmanned aircraft by registration number(s) used in the waiver holder s operations. This list must be presented for inspection upon request from the FAA or an authorized representative. Night Time Operation Terms of Use All operations under this waiver must use one or more VO. Prior to to conducting operations that are the subject of this waiver, the RPIC and VO must be trained to recognize and overcome visual illusions caused by darkness, and understand physiological conditions which may degrade night vision. This training must be documented and must be presented for inspection upon request from the FAA or an authorized representative. The area of operation must be sufficiently illuminated to allow both the RPIC and VO to identify people or obstacles on the ground, or a daytime site assessment must be performed prior to conducting operations that are the subject of this waiver, noting any hazards or obstructions. The small unmanned aircraft must be equipped with lighted anti-collision lighting visible from a distance of no less than 3 statute miles. The intensity of the anti-collision lighting may be reduced if, because of operating conditions, it would be in the interest of safety to do so. Due to the terms and conditions of use, UC Drones is the preferred system for meeting the FAA compliance obligations. The Systemwide Designated UAS Authority has a suitable free night time 10. SPECIAL CONSIDERATION USE CASES Page 46 of 89

48 operation training course available upon request at Other night-time training courses are also available for purchase from 3rd party companies that will meet the training requirement. After completing the required training, night time operation flight requests are handled in the same process as day time operations. For night time operations on University Locations, notifications may be distributed broadly to avoid unintentional disruptions by campus safety officials or security officers. Figure 10.3: Aerial shot of UC Merced at night Under Model Aircraft Regulations Students engaged in coursework or senior project are eligible to operate an UA as a Model Aircraft as described in Section Within the Model Aircraft regulations, there is no restriction that would prohibit night time operations. However, the existing restrictions for Model Aircraft introduce difficulties. Operators of Model Aircraft must maintain VLOS with the aircraft at all times - this is defined as not only being able to see the aircraft but also that the pilot has an unobstructed view of the aircraft surroundings to make safety assessments. Operators of Model Aircraft must comply with all provisions of a community-based set of safety guidelines and within the programming of a Nationwide Community-Based Organization. From the AMA - Night flying requires a lighting system that provides the pilot with a clear view of the model s attitude and orientation at all times. Hand-held illumination systems by themselves are inadequate for night flying operations and must be supplemented with other lighting systems. While not strictly required, it would be beneficial to provide the UC s free night time operation training course to all students operating a Model Aircraft at night. As with other Model Aircraft operations, night time operation flight requests are handled in the same process as day time operations. For night time operations on University Locations, notifications may be distributed broadly to avoid unintentional disruptions by campus safety officials or security officers. 10. SPECIAL CONSIDERATION USE CASES Page 47 of 89

49 11 Services Available 11.1 UC Drones Web Application UC Risk and Safety Solutions launched an organizational tool called UC Drones to help track UC-owned UA, review and approve UAS activity (Figure 11.1). It can be found at as part of the UC Risk and Safety suite of web applications. Figure 11.1: UC Drones Web App The use of UC Drones is encouraged, but not mandatory. Campuses may opt to utilize UC Drones or develop their own solution for the management of UAS records, flight authorizations and flight records. Designated Local Authorities may utilize UC Drones as means to funnel UAS operation requests, provide notification, grant authorization and document flight activities. As of July 10, 2018, UC Drones is expected to continue to release additional features as requested. Future enhancement include automated risk assessments and approvals for low-risk activity, real-time weather and airspace assessments and integration with FAA systems Filing of FAA Authorizations The Systemwide Designated UAS Authority is available to assist in the filing of FAA required authorizations. As of July 16, 2018, this includes 11. SERVICES AVAILABLE Page 48 of 89

50 Airspace Authorization for UAS activity in controlled airspace Airspace Waiver for UAS activity not allowed with an Airspace Authorization Waiver under 14 CFR Commonly includes authorizations for night-time operations, flight altitudes above 400 ft AGL or multiple aircraft. PAO Certificate of Waiver or Authorization for UAS activity that meets the criteria of a PAO Registering of UA used in foreign nations that require 14 CFR 47 registration UAS Training and Certification The Systemwide Designated UAS Authority supports the development of local UAS training programs and support programs. Material may be provided upon request. In addition, the Systemwide Designated UAS Authority is developing specialized training and certification programs for uncommon scenarios. Current Training Modules Available UC Night-flying Training Template for Recreational Use 11. SERVICES AVAILABLE Page 49 of 89

51 12 Campus Drone Groups As campuses grow into their UAS usage, it may be advisable to develop and institute drone groups. Community involvement is an effective means to disseminate knowledge and establish a safety program. Below are some examples of groups - there are no requirements or restrictions for the formation of any of these groups or of any of the example tasks UAS Campus Policy or Procedure Group The Policy allows for a University Location to appoint a Designated Local Authority. As a University Location may see fit and in accordance to their University Location policy, the University Location may organize a working group or committee to develop University Location specific policy or procedures. See Section 2 for further information regarding University Location jurisdiction and authority. Example Tasks Develop or advise location-specific policy or procedure. Review efficiency and compliance of campus UAS activity. Review high risk or other significant unique UAS activity. Develop streamlined procedures for low-risk UAS activity. Standards regarding privacy UAS Campus Safety Group Another valuable group is a University Location is a safety group. In contrast to a Policy or Procedure group, a safety group would provide safety training and assist in UAS activity development and planning. Example Tasks Provide UAS training to the campus. Develop Standard Operating Procedures (SOP) for common UAS activity. Promote UAS safety to the campus. Identify and manage safe locations for UAS activity UAS Campus Service or Advocacy Group Many UC students and researchers have significant experience in the use and operation of UAS. It would be advantageous to leverage this this knowledge and experience by providing opportunities for UAS users to interact on a regular basis with the campus. This may come in the form of a service center or other advocacy group. Example Tasks Provide UAS activity as a service. 12. CAMPUS DRONE GROUPS Page 50 of 89

52 Encourage innovative UAS activity. Organize or support UAS activity by student clubs. Hold UAS-related events to provide networking and community building. Figure 12.1: UC Santa Barbara Drone Association 12. CAMPUS DRONE GROUPS Page 51 of 89

53 13 Enforcement or Restrictions for UAS The growth of UAS on our UC campuses has also led to rising concerns over inappropriate UAS usage. This section provides guidance on the enforcement of the Policy and campus responses Enforcement and Safety It is important to note that while the Policy seeks to improve UAS safety by providing oversight, overuse of UAS restrictions may be counter productive. Refer to Section 9.5 for recommendations on proactive means to improve campus safety. In conjunction with positive means for advocating for UAS safety, there is a role for enforcement of the Policy. The decision to approve or deny UAS activity should not be taken lightly. The best outcome for a complicated scenario should be a discussion of safety concerns and mitigration strategies. However, there will be cases when a formal denial declaration is necessary and a template is provided in Section Appropriate Reasons to Restrict UAS usage While the Policy states that the UAS activity must be reviewed for specific compliance issues, a Designated Local Authority may also review for impacts to University Business and other local issues. Ultimately, there may be additional reasons to restrict UAS usage unrelated to legal compliance. Below are some recommendations for a non-exclusive list of appropriate reasons to restrict UAS usage as well as some reasons that may be overly cautious. Appropriate Reasons Proximity to Medical Helipads Privacy concerns within 100 ft distance Expected heavy pedestrian or vehicular traffic at the date/time of UAS activity Impacts to wildlife Detrimental to University Business Overly Cautious Reasons Privacy concerns at distances greater than 100 ft Noise concerns at distances greater than 200 ft Pedestrian safety when campus activity is non-existent Requiring advanced training in low risk locations Risk of damage to outdoor equipment or facilities with UAS under 4.4 lbs 13. ENFORCEMENT OR RESTRICTIONS FOR UAS Page 52 of 89

54 13.3 Unauthorized use of UAS on a University Location Depending on the situation, there are several different approaches. The primary response should be education rather than punishment. Below are four example situations and an appropriate response. If there s an immediate and evident safety threat (maliciously endangering others, reckless behavior, etc), call local law enforcement to step in and put a stop to it. If the operation of a drone is impeding University Business such as disrupting an event or preventing authorized UAS activity, ask the person to stop and to leave. If they refuse, then it may be considered trespass and the local law enforcement can step in. If no one is at immediate risk, the UAS activity is not impeding University Business, but the UAS activity is likely a violation of an applicable federal, state or local regulation, ask the operator to stop and point out the violation. If the operator persists, collect information, and report to the Systemwide Designated UAS Authority. If the only violation is that the UAS activity was not requested or approved (everything is legal, safe and its not interrupting anything), ask them to stop, inform them of the policy, and the reason of the policy. Law enforcement action is not advisable, however, the situation may be documented and administrative action may be taken, if appropriate Common Arguments and Potential Counters Occasionally a UAS operator may disagree with the review or potential enforcement action. In many cases, the disagreement may stem from a misunderstanding of regulations or miscommunication of policy. The following lists some common arguments and a response to clarify the underlying misunderstanding. Argument: Only the FAA may create airspace regulations The campus is not creating airspace regulations. It has a policy on where a person may or may not operate a UAS, Model Aircraft or Drone. While on campus property, a person may not operate a UAS without prior approval. The FAA claims sole jurisdiction of the airspace and overflight 3, but laws and policies such as land-use, zone, privacy and trespass are not subject to Federal Regulation 4. Argument: This area is open to the public, why can t I fly my drone here? While the University of California is a public agency, this does not mean that its property is not managed. The University has a responsibility to ensure the safety and security of everyone 5. In order to manage the property, the campus has established that a person may not operate a UAS without prior approval. Argument: I m operating as a hobbyist, there are no regulations Hobbyist operators are subject to Model Aircraft regulations under Public Law Section 336. Existing Model Aircraft regulations do not supersede land-use, trespass or privacy regulations. The campus has put into policy that while on campus property, a person may not operate a UAS, Model Aircraft or Drone without prior approval. Argument: This is a toy, not a Drone Congress has defined UA as any aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. This definition has no size or weight limit. Following this, 3 49 U.S.C (b) 4 Federal Register, Vol. 81, No UCOP Policy PACAOS Policy on Use of University Properties 13. ENFORCEMENT OR RESTRICTIONS FOR UAS Page 53 of 89

55 Congress has defined Model Aircraft as an UA that is flown within visual line of sight and flown for recreational purposes. While the UA is flown as a toy, it however is regulated as above. Drones and Model Aircraft under 0.55 lbs do not require registration, but they are not exempt from regulation. Argument: I have legal authorization from the FAA to fly here A licensed suas operator may have permission to use the airspace, but the campus still has jurisdiction to create policy on where a person may or may not operate a drone on campus property. The FAA makes it clear that an Airspace Authorization or Airspace Waiver does not grant physical property access rights. Under Standard Provisions of an Airspace Authorization or Airspace Waiver, there is a line that states Note - This certificate constitutes a waiver of those Federal Rules or regulations specifically referred to above. It does not constitute a waiver of any State law or local ordinance. 6 Argument: I m not causing any problems The campus has the jurisdiction to determine what is appropriate use of its facilities 7. If a person is causing legitimate concerns on campus safety, campus security, privacy or interfering with University Business, that person is not using campus facilities appropriately. 6 An example can be found in many FAA documents, such as Certificate of Waiver or Authorization (Form 7711) including this one here: link 7 UCOP Policy PACAOS Policy on Use of University Properties 13. ENFORCEMENT OR RESTRICTIONS FOR UAS Page 54 of 89

56 14 Core Competencies for UAS Activity 14.1 Overview of Core Competencies The growth in UAS activity at the UC has been dramatic. After evaluating the use of UAS over the past year, four major categories of personnel associated with UAS have been identified. As the user base has grown, it has become prudent to formalize the core competencies of each group. These competencies are the measurable or observable knowledge, skills, abilities and behaviors that are essential for successful performance. This formalization of core competencies establishes the desired minimums for each user group and can be used as a roadmap for readers to assist in identifying their proficiency needs Terms and Definitions User Groups General User - a RPIC who operates in exclusively low risk scenarios. A beginner, occasional operator or operates for only specific uses. Power User - an RPIC who operates regularly in moderate to high risk scenarios. A operator with significant UAS experience and may be tasked to a wide range of UAS activity. UAS Flight Instructor - a RPIC who additionally provides occasional or regular flight instruction to others. UAS Flight Reviewer - a UC staff member responsible for reviewing and approving UAS activity. This may include Designated Local Authorities, the Systemwide Designated UAS Authority or other staff member assigned review authority. In some cases, the responsibilities of a UAS Flight Reviewer may be distributed across subject matter experts Domains The core competencies have been organized into four domains: UAS Regulations Campus Procedures Risk Management UAS Flight Experience Knowledge Scale To clarify some of the language related to the aspect of knowing specific subject matter, the following scale is used. Is knowledgeable - The subject matter is well understood by the user. 14. CORE COMPETENCIES FOR UAS ACTIVITY Page 55 of 89

57 Is familiar - The subject matter is familiar to the user to some level of detail. Is aware - The existence of the subject matter is known to the user and further details can be ascertained as necessary Proficiency Ratings Within each rubric, users can rate their mastery of each identified competency. The rating scale is as follows: 1. - No proficiency 2. - Limited proficiency 3. - Somewhat proficient 4. - Fully proficient 14. CORE COMPETENCIES FOR UAS ACTIVITY Page 56 of 89

58 14.3 General User Proficiency rating scale: 1 - No proficiency 2 - Limited proficiency 3 - Somewhat proficient 4 - Fully proficient Rating Code Domain Description 1A1 UAS Regulations Is familiar with the applicable federal regulations. 1A2 UAS Regulations Is familiar with the registration requirement of a UA. 1A3 UAS Regulations Is aware of State or Local regulations. 1B1 1B2 Campus Procedures Campus Procedures Is familiar with the campus local policy or procedures. Is familiar with UAS activity reporting requirements. 1C1 1C2 1C3 1C4 Risk Management Risk Management Risk Management Risk Management Can identify major risks associated with specific UAS activity. Is able to develop a basic mission plan for specific UAS activity. Is familiar with common potential safety risks. Can prepare a field safety plan as applicable. 1D1 1D2 Operational Experience Operational Experience Is familiar with the operation and use of specific UA. Can implement UAS specific pre-flight inspections. 14. CORE COMPETENCIES FOR UAS ACTIVITY Page 57 of 89

59 14.4 Power User Proficiency rating scale: 1 - No proficiency 2 - Limited proficiency 3 - Somewhat proficient 4 - Fully proficient Rating Code Domain Description 2A1 UAS Regulations Is familiar with the applicable federal regulations. 2A2 UAS Regulations Is familiar with the registration requirement of a UA. 2A3 UAS Regulations Is familiar of State or Local regulations. 2B1 2B2 2B3 Campus Procedures Campus Procedures Campus Procedures Is familiar with the campus local policy or procedures. Is familiar with UAS activity reporting requirements. Can coordinate and communicate across various campus stakeholders regarding the use of UAS. 2C1 2C2 2C3 2C4 2C5 2C6 2C7 Risk Management Risk Management Risk Management Risk Management Risk Management Risk Management Risk Management Can identify major risks associated with specific UAS activity. Is able to develop a detailed mission plan for specific UAS activity. Is familiar with common potential safety risks. Can identify potential risks to privacy, civil rights or civil liberties. Implements a risk management process. Can develop a site safety plan. Can prepare a field safety plan as applicable. 2D1 2D2 2D3 Operational Experience Operational Experience Operational Experience Has significant flight experience with specific UAS. Is familiar with the flight performance of a range of UAS. Anticipates and plans for off-nominal situations. 14. CORE COMPETENCIES FOR UAS ACTIVITY Page 58 of 89

60 14.5 UAS Flight Instructor Proficiency rating scale: 1 - No proficiency 2 - Limited proficiency 3 - Somewhat proficient 4 - Fully proficient Rating Code Domain Description 3A1 UAS Regulations Can determine the licensing requirement of a proposed UAS activity. 3A2 UAS Regulations Can determine the registration requirement of a UA. 3A3 UAS Regulations Is aware when a UAS is considered a Model Aircraft. 3A4 UAS Regulations Can identify potential violations of FAA regulations. 3A5 UAS Regulations Can identify potential violations of State or Local regulations. 3A6 UAS Regulations Articulates UAS regulations effectively. 3B1 3B2 3B3 3B4 Campus Procedures Campus Procedures Campus Procedures Campus Procedures Is knowledgeable with the campus local policy or procedures. Can identify the communication chain of command for the authorization of UAS activity at a University Location. Serves as a source of expertise and guidance for UAS activity. Provides accurate and timely reporting of UAS activity. 3C1 3C2 3C3 3C4 3C5 3C6 3C7 Risk Management Risk Management Risk Management Risk Management Risk Management Risk Management Risk Management Determine an approximate Risk Level of a UAS activity Can identify potential risks to privacy, civil rights or civil liberties. Is familiar with common potential safety risks. Can identify potential risks to privacy, civil rights or civil liberties. Implements a risk management process. Can develop a site safety plan. Can develop a field safety plan as applicable. 14. CORE COMPETENCIES FOR UAS ACTIVITY Page 59 of 89

61 3C8 3D1 3D2 3D3 3D4 Risk Management Operational Experience Operational Experience Operational Experience Operational Experience Consistently demonstrates effective risk management for UAS activity. Serves as a source of expertise and guidance for the safe operation of UAS. Anticipates UAS operation and risks accurately to assess safety risks. Maintains a high level of UAS proficiency. Is effective and convincing in promoting UAS safety. 14. CORE COMPETENCIES FOR UAS ACTIVITY Page 60 of 89

62 14.6 UAS Activity Reviewer Proficiency rating scale: 1 - No proficiency 2 - Limited proficiency 3 - Somewhat proficient 4 - Fully proficient Rating Code Domain Description 4A1 UAS Regulations Can determine the licensing requirement of a proposed UAS activity. 4A2 UAS Regulations Can determine the registration requirement of a UA. 4A3 UAS Regulations Is aware when a UAS is considered a Model Aircraft. 4A4 UAS Regulations Can identify potential violations of FAA regulations. 4A5 UAS Regulations Can identify potential violations of State or Local regulations. 4B1 4B2 4B3 4B4 Campus Procedures Campus Procedures Campus Procedures Campus Procedures Is knowledgeable with the campus local policy or procedures. Can coordinate communication for the authorization of UAS activity at a University Location. Is familiar with insurance and can determine the insurance requirement of a UAS activity. Can make effective decisions on the applicability of an Export Control review. 4C1 4C2 4C3 4C4 Risk Management Risk Management Risk Management Risk Management Can determine an approximate Risk Level of a UAS activity Is able to identify potential risks to privacy, civil rights or civil liberties. Is familiar with common potential safety risks. Is able to review field safety or site safety plans. 4D1 4D2 Operational Experience Operational Experience Is familiar with the general performance of common UAS models. Is familiar with the general operational and logistical requirements of UAS activity. 14. CORE COMPETENCIES FOR UAS ACTIVITY Page 61 of 89

63 15 Related Information 15.1 FAA Resources FAA Website: Figure 15.1: Federal Aviation Administration Logo Fly for Fun: Fly for Work/Business: UC Center of Excellence on UAS Safety Figure 15.2: UC Center of Excellence on Unmanned Aircraft System Safety Website: unmanned-aircraft-systems-safety.html Privacy Best Practices: 20Privacy.pdf Insurance Minimums: RELATED INFORMATION Page 62 of 89

64 UC Drones Web Application: User Guide for UC Drones: pdf Top 10 Safety Tips: Regulations Public Law CFR Public Law , Title III, Subtitle B- Unmanned Aircraft Systems - Section https: // Public Law , Title II, Subtitle B - UAS Safety uas_regulations_policy/media/pages-from-plaw-114publ190.pdf 14 CFR 1 - DEFINITIONS, CIVIL AIRCRAFT 14 CFR 47 - AIRCRAFT REGISTRATION 14 CFR 48 - REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT 14 CFR 91 - GENERAL OPERATING AND FLIGHT RULES 14 CFR MOORED BALLOONS, KITES, AMATEUR ROCKETS, UNMANNED FREE BAL- LOONS, AND CERTAIN MODEL AIRCRAFT 14 CFR SMALL UNMANNED AIRCRAFT SYSTEMS 15.4 FAA Advisory Circulars, Joint Orders In addition to federal regulations, additional UAS guidance and interpretations are provided by the FAA. Summary of the Small UAS Rule (Part 107) Interpretation of the Special Rule for Model Aircraft Interpretation of UAS Operations by Public Universities for Aeronautical Research Interpretation of Media Use of UAS Educational Use of Unmanned Aircraft Systems (UAS) Advisory Circular AC A - Public Aircraft Operations Advisory Circular AC 91-57A - Model Aircraft Operating Standards FAA Order JO Unmanned Aircraft Systems 15. RELATED INFORMATION Page 63 of 89

65 16 Summary of Specific Regulations CFR SMALL UNMANNED AIRCRAFT SYSTEMS The introduction of 14 Code of Federal Regulations (CFR) 107 enabled a wide range of Small Unmanned Aircraft System (suas) usage under a set of defined limitations. A Compliance List for 14 CFR 107 is provided below Operator Requirements A person operating an suas must either 1. hold a Remote Pilot Certificate with an suas rating 2. or be under the direct supervision of a person who does hold a Remote Pilot Certificate (Remote Pilot in Command (RPIC)). Note: Until international standards are developed, foreign-certificated Unmanned Aircraft System (UAS) RPIC will be required to obtain an Federal Aviation Administration (FAA)-issued Remote Pilot Certificate with an suas rating. A person may not operate an suas if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of an suas. Foreign nationals are allowed to operate under Part 107 if they satisfy the requirements of 14 CFR 375. Typical allowances: Non-commercial operations Recreational activity Specific research activities Foreign nationals from Canada or Mexico (Order , FAA) Aircraft Unmanned aircraft must weigh less than 55 lbs. (25 kg). Unmanned aircraft must be registered with either a N number or an FA number. Unmanned aircraft must be inspected prior to flight by the remote pilot in command Airspace Requirements Operations in Class G airspace are allowed without Air Traffic Control (ATC) permission. Operations in Class B, C, D and E airspace are allowed with an glsaa or glsaw. Operating limitations are specified within a Certificate of Waiver or Authorization (Form 7711) provided by the FAA. 16. SUMMARY OF SPECIFIC REGULATIONS Page 64 of 89

66 Operating Limitations Visual Line of Sight (VLOS) only. Note: The unmanned aircraft must remain within VLOS of the remote pilot in command and the person manipulating the flight controls of the suas. At all times the suas must remain close enough to the RPIC and the person manipulating the flight controls of the suas for those people to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses. Note: First-Person View (FPV) cameras do not satisfy VLOS or visual contact regulations, but may be used. An suas may not operate over any persons not directly participating in the operation, not under a covered structure, and not inside a covered stationary vehicle. Note: Prior notice and/or consent is not sufficient. Daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting. Maximum groundspeed of 100 mph (87 knots). Maximum altitude of 400 feet Above Ground Level (AGL) or, if higher than 400 feet AGL, remain within 400 feet of a structure. Minimum weather visibility of 3 miles from control station. No person may act as a RPIC or Visual Observer (VO) for more than one unmanned aircraft operation at one time. No operations from a moving aircraft. No operations from a moving vehicle unless the operation is over a sparsely populated area. No careless or reckless operations. No carriage of hazardous materials. External load operations are allowed if the object being carried by the unmanned aircraft is securely attached and does not adversely affect the flight characteristics or controllability of the aircraft. Transportation of property for compensation or hire allowed provided that- The aircraft, including its attached systems, payload and cargo weigh less than 55 pounds total; The flight is conducted within visual line of sight and not from a moving vehicle or aircraft; and The flight occurs wholly within the bounds of a State and does not involve transport between (1) Hawaii and another place in Hawaii through airspace outside Hawaii; (2) the District of Columbia and another place in the District of Columbia; or (3) a territory or possession of the United States and another place in the same territory or possession. 16. SUMMARY OF SPECIFIC REGULATIONS Page 65 of 89

67 16.2 Model Aircraft Statute Definition of Model Aircraft A model aircraft is defined as: Capable of sustained flight in the atmosphere; Flown within visual line of sight of the person operating the aircraft; and Flown for hobby or recreational purpose Operation of Model Aircraft Model Aircraft may be flown under the following set of conditions: The aircraft must be flown strictly for hobby or recreational use; The aircraft must be operated in accordance with a community-based set of safety guidelines and within the programming of a nation-wide community-based organization. (See next page) The aircraft is less than 55 lbs or The aircraft is certified through a design, construction, inspection, flight test and operational safety program administered by a community-based organization. The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft All airports within 5 miles of the flight are notified prior to flight Definition of Hobby or Recreational Use Hobby or recreational use is defined as Operated for fun or outside of one s regular occupation Operated in furtherance of one s education at an accredited educational institution Activities that do not qualify for Model Aircraft Regulations Commercial activity with compensation Commercial activity without compensation Activity in furtherance of a business Research activity Further information can be found within the Interpretation of the Special Rule for Model Aircraft 16. SUMMARY OF SPECIFIC REGULATIONS Page 66 of 89

68 Definition of Community-based set of safety guidelines and within the programming of a Nationwide Community-Based Organization The FAA has interpreted this statement as community-based organizations would include groups such as the Academy of Model Aeronautics (AMA) and others that meet the statuary definition. Model Aircraft operations must comply with the following safety guidelines. Reprinted from AMA Safety Code: Academy of Model Aeronautics National Model Aircraft Safety Code Effective January 1, 2018 A model aircraft is a non-human-carrying device capable of sustained flight within visual line of sight of the pilot or spotter(s). It may not exceed limitations of this code and is intended exclusively for sport, recreation, education and/or competition. All model flights must be conducted in accordance with this safety code and related AMA guidelines, any additional rules specific to the flying site, as well as all applicable laws and regulations. As an AMA member I agree: I will not fly a model aircraft in a careless or reckless manner. I will not interfere with and will yield the right of way to all human-carrying aircraft using AMA s See and Avoid Guidance and a spotter when appropriate. I will not operate any model aircraft while I am under the influence of alcohol or any drug that could adversely affect my ability to safely control the model. I will avoid flying directly over unprotected people, moving vehicles, and occupied structures. I will fly Free Flight (FF) and Control Line (CL) models in compliance with AMA s safety programming. I will maintain visual contact of an RC model aircraft without enhancement other than corrective lenses prescribed to me. When using an advanced flight system, such as an autopilot, or flying First-Person View (FPV), I will comply with AMA s Advanced Flight System programming. I will only fly models weighing more than 55 pounds, including fuel, if certified through AMA s Large Model Airplane Program. I will only fly a turbine-powered model aircraft in compliance with AMA s Gas Turbine Program. I will not fly a powered model outdoors closer than 25 feet to any individual, except for myself or my helper(s) located at the flightline, unless I am taking off and landing, or as otherwise provided in AMA s Competition Regulation. I will use an established safety line to separate all model aircraft operations from spectators and bystanders. Additional information can be found in the AMA Safety Handbook: org/files/100.pdf 16. SUMMARY OF SPECIFIC REGULATIONS Page 67 of 89

69 17 Frequently Asked Questions This is a list of Frequently Asked Questions related to the Policy and its implementation. A short list of Frequently Asked Questions for end-users can be found at: enterprise-risk-management/resources/centers-of-excellence/unmanned-aircraftsystems-safety.html Questions Regarding the Scope of the Policy 1. Why is oversight necessary? There are many arguments for the University of California (UC) to mandate oversight; not all of them may be applicable for every situation but collectively form sufficient justification. The UC has an obligation to be fully compliant with all applicable regulations. In some cases, there are specific regulatory compliance obligations to meet. In other cases, the UC s UAS insurance has compliance obligations. There are many concerns over the usage of Unmanned Aircraft System (UAS) on-campus from a public safety and privacy perspective. In other cases, there are arguments that UC business use should be able to take priority over 3 rd Party use. None of these determinations can be made unless there is a mechanism to screen for issues. It must be noted that the Policy does not prohibit procedures to ensure an alternative means of compliance. 2. The Federal Aviation Administration (FAA) has already created UAS regulations. Why is the Policy necessary? The FAA has sole jurisdiction of the airspace and overflight however this is also the extent of their jurisdiction. The FAA regulations do not address other regulatory compliance issues such as export control, privacy, trespass harassment of wildlife or other land-use issues. The FAA regulations also do not address the prioritization of University Business or other campus policies on commercial use or filming. In addition, FAA regulations regarding UAS are in flux and may change with acts of Congress, court cases and through traditional rule making processes. Incorrect interpretations of UAS regulations is common. The Policy enables oversight to ensure compliance while regulations are in flux. 3. Does this policy apply to balloons and/or rockets? The policy does not apply to balloons or rockets. 4. Does the policy apply to international UAS activity? Yes, the policy applies to international UAS activity. The policy requires that UAS activity must comply with all applicable regulations; in the case of international locations, the applicable regulations would be the local regulations of the international site. To the extent that safety practices or best practices may differ internationally, the UAS activity should be reviewed on a case-by-case basis. 5. Is possession of a Remote Pilot Certificate sufficient for approval for UAS activity? The Remote Pilot Certificate is an indication that the Remote Pilot in Command (RPIC) passed a knowledge exam. It does not attest to the quality of the RPIC s experience with flying UAS or the RPIC s knowledge of safety practices. By itself, the Remote Pilot Certificate is not sufficient in all cases. However, where UAS activity risk is mitigated through other means such as remote location, or while operating a low risk Unmanned Aircraft (UA), simply having earned the Remote Pilot Certificate may be sufficient. 17. FREQUENTLY ASKED QUESTIONS Page 68 of 89

70 6. What would happen if there s a disagreement between the Designated Local Authority and the Systemwide Designated UAS Authority? In most cases, if a Designated Local Authority is appointed, the Designated Local Authority would adjudicate the final ruling. If there is a question over regulatory compliance, the Systemwide Designated UAS Authority and General Counsel would adjudicate clarification over the regulatory compliance aspect. 7. What are the consequences of failing to abide by policy? Existing policies address non-compliance. On how enforcement action is to be handled (as directed at a system level) for policy violations, please refer to PACAOS for students, PPSM for staff, APM for faculty, and APM 140,150 for non-senate academic appointees. Questions Regarding Requesting a UAS Flight 1. What information is required for a Flight Request? The policy states that the request must provide sufficient information to complete the review requirements on Compliance with applicable regulations and policies, impacts to public safety, impacts to privacy, impacts to civil rights and civil liberties and compliance with insurance requirements. Of note, the policy does not mandate submitting a precise date/time of flight in all cases, but there are several cases where it may be necessary. 2. Does the policy require a 14-day lead time per flight? The policy does not require a 14-day lead time per flight. The policy requires that UAS activity requires prior approval (which must be reviewed within 14 days), but does not place a pre-defined requirement for advance notice nor does it limit the terms and conditions of an approval. As described in Section 5.1, a researcher may be granted standing approval to operate a designated location under a set of agreed upon terms and conditions. 3. Does the policy require each individual flight to go through an approval process? No. The Policy mandates that a UAS Request Form be submitted and reviewed in advanced of UAS activity. This may cover one flight, a set of flights, or a years worth of flight. Unfortunately, it is difficult to assign a definition of the scope of a UAS activity such a definition may be tied to regulatory issues, safety issues, or even scheduling issues. 4. What if the weather is unsatisfactory during an approved window? It is recommended that the terms of approval include procedures to address contingencies such as rescheduling. In situations where changes to a specified time window has no effect on coordination or safety, there may be no need to resubmit or require a second review. However, there may be situations where scheduling may be necessary. 5. Is the UAS Advisory Board needed to provide a blanket approval? The UAS Advisory Board is intended to address systemwide issues and policy exceptions rather than campus-level decisions. The Policy explicitly allows for a Designated Local Authority to grant recurrent or standing approvals. 6. May a Designated Local Authority require only a $1Mil aviation liability coverage for a 3rd party user? It is recommended that all 3rd party UAS activity is covered under a $5Mil aviation liability insurance policy. A local Designated Local Authority may opt to reduce the minimum coverage requirements, but should consult local Risk Services. 7. I am an international student. What am I allowed to do? 17. FREQUENTLY ASKED QUESTIONS Page 69 of 89

71 An international student is eligible to obtain a Part 107 Remote Pilot Certificate. However, any aircraft operated by a foreign national is considered a foreign aircraft and is subject to 14 CFR 375 permitting requirements. There are a few exemptions - a common notable one is that if the UAS is registered to the Regents of the University of California, it is flown for University Business and the operator is employed by the UC, then the operation is exempt from a 14 Code of Federal Regulations (CFR) 375 permit. The Center of Excellence on UAS Safety (COE) can assist in determining the exact requirements of the operation and whether a 14 CFR 375 permit is required. Questions Regarding Oversight of the Policy and Future Policies 1. What mechanisms are in place to monitor the Policy? The Policy calls for a UAS Advisory Board to continue the development of future UAS policies, evaluating the effectiveness of systemwide policies and safety metrics. The reporting and recording requirement of the policy is intended to be able to provide the UAS Advisory Board with relevant performance information. 2. What mechanisms are in place to ensure that the campuses develop effective and efficient processes and procedures? The Policy mandates that the Systemwide Designated UAS Authority provide a forum to communicate and share UAS related information and best practices, and coordinate the development of University UAS policies through taskforces or working groups. 3. Can this policy be changed or how would future policies be developed? The Policy calls for a UAS Advisory Board to continue the development of future UAS policies, evaluating the effectiveness of systemwide policies and safety metrics. The UAS Advisory Board will be the starting point for recommendations for changes to the Policy and future policy development. 4. What will the UAS Advisory Board discuss? The UAS Advisory Board is expected to review the performance of the Policy and make recommendations for policy refinement and improvement. It may be tasked to generate a report on the status and use of UAS in the UC, address challenges related to new regulations on overflight of people or on the use of UAS delivery services to, from and within the UC. As UAS technology and regulations change, the UAS Advisory Board is intended to provide a steering guide to keep the UC compliant and competitive. 17. FREQUENTLY ASKED QUESTIONS Page 70 of 89

72 18 Example Request for Information Thank you for reaching out to us to use Unmanned Aircraft System (UAS) on our campus. Before we can approve your usage, we must validate that the activity is legal, will be conducted safely and will not interfere with University Business. Please provide the following information, if applicable, or your contingency plan: Remote Pilot Certificate with Small Unmanned Aircraft System (suas) rating Aircraft Registrations Certificate of Insurance Proposed Flight plan, annotated map preferred Safety plans (if appropriate) Emergency Procedures Crew management Crowd control In general, the proposed operation should not be to fly over campus indiscriminately. The Remote Pilot in Command (RPIC) should select specific flight routes or areas with clear visibility to intruding air traffic and intruding pedestrian traffic and designed such that risks can be effectively managed. Below are some of the typical terms of approval usually applied to on-campus UAS activity. Require the use of additional persons for crowd control to make sure no one walks into the areas of flight. No flying over buildings, utility poles, vehicles or trees No flying beyond 500 ft of the operator Submit flight records within 2 days of UAS activity. Include: location, time, aircraft, pilot and any incidents/accidents UAS activity may be reviewed on a case-by-case basis and the terms of approval may differ. 18. EXAMPLE REQUEST FOR INFORMATION Page 71 of 89

73 19 Risk and Hazard Analysis 19.1 Risk Scoring for UC UAS activity This risk score has been developed to gauge the level of risk and and recommend requirements to enable the proposed UAS activity. Instructions: Select the Risk Score that best matches the proposed UAS activity. Significant variation of descriptions may indicate further information or modification to activity is required. UAS Flight Risk Score Level 1 Level 2 Level 3 Level 4 Level 5 Risk Level Minor Risk Low Risk Escalated Risk Moderate Risk High Risk Description Generally safe activity Some risks to location or Some risks to nonparticipants Poses risks to others, in- Significant risks, may re- operation or other cluding safety and privacy quire special exemption hazards concerns and authorization. Example Recurrent UAS activity Training new RPIC or operating Filming production on Filming a crowd at an Flying over people over row crops in a new location campus event RPIC Experience Aircraft Location RPIC has sufficient experience Proven or mature aircraft with documented maintenance Secured or controllable environment. Any level of experience May be experimental or in development Hazards Few if any visual obstructions. Acceptable level of risk to objects on ground Airspace Class G Class G, with some ex- Recommended Requirements No additional requirements Documentation of site safety RPIC has documented experience Proven or mature aircraft with documented maintenance Open location Unsecured location or in proximity of nonparticipants Few if any visual obstructions. Acceptable level of other ground hazards Some visual obstructions or risk to objects on ground Controlled airspace with pected air traffic FAA authorization Safety plan, including nonparticipant safety RPIC has significant documented experience Proven or mature aircraft with documented maintenance In close proximity to nonparticipants or exists significant privacy concerns Obstructions or ground hazards, including nonparticipants Controlled airspace with FAA authorization Safety plan, including nonparticipant safety. May require additional planning for privacy and uncommon hazards UC approval does not absolve the RPIC s responsibility to ensure a safe operating environment. RPIC has significant documented experience and meets any extra requirements. May require additional safety features In locations where special authorization is required. May have significant hazards associated with the UAS activity. Any airspace Safety plan, including nonparticipant safety. May require additional planning for privacy, uncommon hazards or documentation of non-standard regulatory compliance FAA Risk Hazard Chart The FAA is regularly revising their Unmanned Aircraft System (UAS) Risk and Hazard analysis scoring methods. A recent report published the following risk matrix (Figure 19.1). The FAA defines safety risk as the composite of predicted severity and likelihood of the potential effect of a hazard Hazard Severity The FAA defines severity as the consequence or impact of a hazard s effect or outcome in terms of degree of loss or harm. 1. Minimal severity refers to outcomes in which a UAS causes discomfort to those on the ground. 2. Minor severity refers to outcomes in which a UAS causes non-serious injury to three or fewer people on the ground. 3. Major severity refers to outcomes in which a UAS causes non-serious injury to more than three people on the ground; 19. RISK AND HAZARD ANALYSIS Page 72 of 89

74 Figure 19.1: Recently Published Risk Matrix from FAA a UAS crew experiences a reduced ability to cope with adverse operating conditions to the extent that there would be a significant reduction in safety margins; or a UAS causes a manned aircraft to make an evasive maneuver, but the UAS and the manned aircraft remain greater than 500 feet apart. 4. Hazardous severity refers to outcomes in which the UAS crew is incapacitated; a UAS flies within 500 feet of a manned aircraft; or a UAS causes injury to persons other than the UAS crew. 5. Catastrophic severity refers to outcomes in which a UAS collides with a manned aircraft or a UAS causes a fatality or fatal injury to one or more persons other than the UAS crew. 19. RISK AND HAZARD ANALYSIS Page 73 of 89